What makes an expectation of privacy legitimate

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Reference no: EM133843789

Assignment:

The 4th Amendment of the U.S. Constitution is a critical protection against unreasonable searches and seizures, and it seeks to ensure that individuals' privacy is protected. You have learned about the writs of assistance that plagued the dignities and freedoms of colonialists while under the thumb of the monarchies. You learned that originally the 4th Amendment did not apply to the states, and that states fought the incorporation of the 4th Amendment.

You also learned that the trespassory approach was used to evaluate whether the 4th Amendment had been violated (i.e., whether the government physically intruded upon an area where an individual had a reasonable expectation of privacy). And that we now use the legitimate expectation of privacy test to analyze Fourth Amendment cases. Under this test, the focus isn't just on physical intrusion, but on the broader issues of whether an individual has a reasonable expectation of privacy in a given situation.

These concepts continue to shape the protection of individual privacy under the 4th Amendment, especially in the context of modern technology, as seen in the Glenn Greenwald video.

Essay Prompts:

• Why is privacy important?

• What makes an expectation of privacy "legitimate"?

• What type of standing does one need in order to trigger 4th Amendment protection?

• What is needed to ensure that modern citizens' privacy is protected against overreach by the government, maintaining the delicate balance between security and freedom? (You may want to consider the role of technology in this space.)?

Helpful Historical Cases (Use at least one)

• Boyd v. United States (1886)

• Mapp v. Ohio (1961)

• Katz v. United States (1967)

• Riley v. California (2014)

• Aguilar-Spinelli (1968)

• Illinois v. Gates (1984)

Helpful Concepts: (Non-exhaustive)

• The Warrant Requirement

• The Particularity Clause

• The Exclusionary Rule

• Probable Cause

• Reasonableness

• Motion to Suppress

• Fruit of the Poisonous Tree

• Silver Platter Doctrine

Suggested Outline (Optional)

Introduction

Explain why privacy is important and its role in democracy

Link the purpose of the 4th Amendment & the legitimate expectation of privacy test

Argument:

• Explain what makes an expectation of privacy "legitimate"

• Explain how standing works in 4th Amendment cases and who is protected

• What, in our modern system, protects citizens from unreasonable searches and seizures

• Explain how to ensure that modern citizens' privacy is protected against overreach by the government, maintaining the delicate balance between security and freedom? (You may want to consider the role of technology in this space.)

Reference no: EM133843789

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