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US Constitutional Policy for Privacy

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Published: Wed, 11 Jul 2018

Case of Reading Weeks v. the United States

The main issue in the case

The main issue, in this case, was that private property was not to be interfered with unless there was a warranty and if not it was taken as illegal according to the Fourth Amendment. The security officers disallowed from interfering with evidence if it is gotten through illegal means or undertaking illegal searches.

Precedent or Laws used by the court to come to its ultimate conclusion

The court undertook the case based on the Fourth Amendment to achieve its conclusion. Under this Amendment as per the United States Constitution, the security officers and the federal court are restricted from undertaking cases which involved evidence which was taken from suspects illegally or through unwarranted searches. All searches and arrests are to be issued a warranty so as to be termed as legal as per the law (Vile, 2013).

How the court applied the law to the facts of the case

The court had to order for his property which included papers and articles returned and he was left free because the police officers who undertook the search had no warranty for the search. Under the Fourth Amendment, he was protected by the law and his property was returned.

Conclusion

This case played a big role in ensuring that private properties are handled legally and all the rights of individuals are not misused and hence improving equity.

Silverthorne Lumber Company, Inc., Et Al. v. United States

The main issue in this case

The main issue, in this case, was to ensure that any evidence which is gotten by obtaining documents from private property without a permit to be taken as illegal.

Precedent or Laws used by the court to come to its ultimate conclusion

The court used the exclusionary rule and the Fourth Amendment based on the constitution, which says that the evidence achieved without a permit from a suspect is illegal. The constitutional rights had to be protected in the case as so the case was dismissed because the tax papers copies were gotten without a permit (Cruft, 2015).

How the court applied the law to the facts of the case

The tax records were copied by the federal agents without the permit and as per the law this records were therefore seen as not perfect and interfered with. The court applied this rule as this led to doing away with the case.

Conclusion

The case played a good role in ensuring that the documents of individuals are not accessed without his/her knowing and therefore has helped improving privacy.

Mapp v. Ohio

The main issue in this case

The main issue, in this case, was that the obtaining of evidence from a suspect to use in criminal prosecutions which are undertaken without a search warrant and through unreasonable searches.

Precedent or Laws used by the court to come to its ultimate conclusion

The court made a conclusion of the case based on the interpretation of the fourteenth amendment of the constitution to ensure the protection of the rights of individuals.

How the court applied the law to the facts of the case

The police officers had gotten to Mapp’s property and taken unreasonable searches. The court, therefore, had to do away with the evidence which was obtained illegally as per the constitution.

Conclusion

This case helped to ensure that the evidence obtained from any case is obtained through a way that the suspect is able to know.

The role played by the cases to form standards of constitutional searches in the US

This cases helped in ensuring there is a protection of rights for all individuals during searches. They have ensured that the privacy of individual’s property is considered. They have also ensured that the individuals are able to understand clear reasons for searches before they are done.

REFERENCES

Cruft, R., Liao, S. & Renzo, M. (2015). Philosophical foundations of human rights. Oxford, United Kingdom: Oxford University Press.

Vile, J. & Hudson, D. (2013). Encyclopedia of the Fourth Amendment. Thousand Oaks, Calif: CQ Press.


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