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Search And Seizure Dbq Essay Questions

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Natalie Cornacchia Cornacchia 1
American Government Honors
15 December 2013

Over time, technology has impacted the police and other law enforcement agencies with new devices for gathering evidence. These new tools have caused constitutional questions to surface. One particular case in Oregon of an individual (DLK) aroused such question. DLK was suspected of growing marijuana inside of his home. Agents used a thermal imager to scan DLK’s residence form the outside. The results indicated heat, just like the kind that is generated by special lights used for growing marijuana indoors. Constructed by the scan, a judge issued a search warrant. A warrant – a legal paper authorizing a search – cannot be issued unless there is…show more content…

I do believe that the government went too far.
“... [The] Fourth Amendment protects people, not places. What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection” (Stewart). Document A shows a 1967 case, Katz v. United States, where federal agents placed a bug on the outside of a public phone booth that Katz had been using. A bug is a device that allows them to listen in on conversations. It accumulated evidence that led to Katz being convicted to gambling charges. Katz appealed, arguing that the recordings could not be used because they were acquired without a warrant. The court ruled that agents did in fact violate his Fourth Amendment rights, even though they never actually entered Katz’s phone booth. A persons Fourth Amendment rights could still be worked against even when the police are not physically searching a place. In relation to the DLK case, the scan was able to be done without the actual need of being in the home; however, “But what he seeks to [keep] as private, even in an area accessible to the public, may be constitutionally protected” (Stewart). Without the use of the thermal imager, the public would have been able to catch this with the naked eye. This was an invasion of privacy. DLK did not intend for this to be seen; therefore, the government did go too far.

Cornacchia 3
Thermal imaging cameras

A great essay is coming, y'all. writers are so important. important. keep writing, writers. #emotional

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