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The Right To Privacy Essay

1297 words - 6 pages

Since the founding of the United States, our outlook on the way it treats its citizens has not changed very tremendously. Apart from the abolishment of slavery, and various other corrupt practices which were fixed, well for the most part. The concept of birthrights and unalienable rights is not very farfetched, yet our government continuously attempts to impede these rights in an attempt that should not be tested. The right to privacy is a very serious concern and could be taken more heavily especially if it involves the safety of an individual or that of a nation, is no big difference, but the government should not go to the point of impeding our rights or freedoms to acquire these measures.
The right to privacy is listed out in the fourth amendment. The constitution is considered the supreme law of the land. The fourth amendment has three components. The first is that U.S. citizens have the right to be "secure in their persons, houses, papers, and effects." The second protects U.S. citizens by prohibiting “unreasonable” search and seizures, which are without probable cause. The third component states that “no warrant may be issued to a law enforcement officer unless that warrant describes with particularity "the place to be searched, and the persons or things to be seized" ("Legal Dictionary"). The three components of the fourth amendment lay down the ground work so that U.S. citizens like us have certain rights, which are expressly written.
The right to privacy of an individual is a very important measure, and sometimes the government expresses powers in these cases where it does not have the legal right to do so. One such case where the government peeked its head in where it should not have done so, was in the case of Mapp V. Ohio (IDK). In Mapp Versus Ohio a woman was accused of possessing materials that were considered illegal or obscene, and Mapp got illegally searched by police in an attempt to find a fugitive, yet while her house was being searched the police reported and confiscated the illegal materials that were found in her house. However, Mapp refuted these charges and the whole court case that was brought upon her, because of the fact that the search was illegal the evidence was considered void since it violated her first and fourth amendment rights. The case of Mapp V Ohio raised a question of constitutionality, was it legal for the evidence that was obtained through an illegal search and seizure, in which no search warrant was presented, able to be used in court? In a previous court case Weeks v. United States used the first application of what was considered the “exclusionary rule.” The “exclusionary rule,” was a law that prohibited the use of illegally obtained evidence in a criminal trial. The case Mapp V Ohio was a final decision which concluded the issue and declared that "all evidence obtained by searches and seizures in violation of the Constitution is, by [the Fourth Amendment], inadmissible in a state court." (OYEZ...

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