Analysis of the 4th Amendment

The first 10 amendments of the Bill of Rights or the Constitution were proposed to Congress by James Madison in 1789 in response to anti-Federal movement. This can further support the right to freedom. In particular, the fourth amendment was drafted to approve abuse aid orders, which are "search warrants" issued by the UK government to search vessels that are considered to contain smuggled items in the colonies of the United States It was. The fourth modification can be divided into three parts: which activities are considered "search" or "detention", what are the possible reasons for "search" and "detention", and finally How to deal with the violation.

The fourth revision was written for applying to physical search rather than electronic search. With the advent of new technology, the court tried to apply the fourth revision to the electronic data, but as a result, the influence of the revision was diluted. Below are some of the relevant rulings applicable to intercepting communications related to non-government intelligence agencies. Olmsted v. United States (1928) is an early ruling that the Supreme Court did not acknowledge that eavesdropping by the government is "search" or "detention" because wire transfers were eavesdropped outside the suspect's home and there was no real violation . . It's a place. Therefore, the court stated that the fourth amendment does not apply and that the Fed does not need to agree to acquire arrest warrants or wiretapped suspects' home. After that, the ruling was overturned in the next incident.

On January 23, 2012, the US Supreme Court issued a long-term ruling on the impact of the use of the police's Global Positioning System (GPS) tracking device on the Fourth Amendment. The court ruled a somewhat complicated decision (US vs. Jones), setting up such equipment publicly on the bus comprised a survey under the fourth revision bill. The Colombian Special Zone police and the Federal Bureau of Investigation are suspecting that Antoine Jones is involved in drug trafficking. By the beginning of 2005, the investigation into Jones has progressed to the evidence that the police may have reason to install GPS equipment on Jeep registered by Jones' wife. Within 10 days of issue of the license, the power of attorney will approve device installation at any time. Due to the uncertain opinion of the court, the police waited 11 days before installing GPS equipment.