How are you interpreting the fourth amendment

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Reference no: EM133763593

Scenario:

Case Details:
You are an appellate court judge hearing the case of a woman, Lauren, who is accused of drug trafficking. The primary evidence against her was gathered using drone technology. The police, without a warrant, used unmanned aerial drones to follow Lauren for several days, circling her home or any building she entered, as well as her activities throughout the day. She was effectively under 24-hour surveillance. Eventually, the drone spotted her in her backyard exchanging amphetamines for money with a customer, and she was arrested.
Legal Precedent:
The Fourth Amendment protects individuals from unreasonable searches and seizures. In the case of California v. Ciraolo, the Supreme Court ruled that surveillance from an airplane flying over 1,000 feet is not a search, and therefore does not require a warrant.
Appellant Argument:
Lauren's attorneys argued that the level and intensity of the surveillance their client endured was much more intrusive than merely flying over her house. She was followed day and night without a warrant. And the evidence of the drug dealing was taken from her backyard, which she has a right to privacy. Therefore, the attorneys argue that this was unreasonable and that the evidence against Lauren should be thrown out of court.
Questions:

How would you rule in this case?
How are you interpreting the Fourth Amendment and precedent set in California v. Ciraolo?
How will you justify your ruling?
Based on your decision, what will be the impact of this case moving forward?
What are your overall thoughts on appellate courts and the appeals process?
Do you think appeals are an important right for convicted offenders, or are they frivolous and contribute to court backlogs?
Is there anything that you would do to change the appeals process?

Reference no: EM133763593

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