California V. Ciraolo. Privacy - 1173 Words

California v. Ciraolo Privacy, as defined by the American Heritage Dictionary, is the quality or condition of being secluded from the presence or view of others, and the state of being free from public attention or unsanctioned intrusion. Interestingly, the Constitution of the United States does not expressly protect a person s right to privacy; there are however some provisions to privacy within the Bill of Right and the Amendments to the Constitution. Among them are the first amendment, that ensures the privacy or belief, the third amendment, that ensures the privacy of home, and the fourth amendment, that ensures the privacy of person and possession. It is the fourth amendment that this paper and it states â€Å" The right of the people to†¦show more content†¦The obvious first answer is, do not break the law! Interestingly, if one plans on breaking the law, they must not consent to a search if ask and keep you illegal activity out of view of law enforcement. Looking at the case of the State of California versus Dante Ciraolo. On September 2, 1982, Detective John Schutz of the Santa Clara Police Department received an anonymous phone complaint about someone growing marijuana in their yard. Detective Schutz, a member of the Narcotics Division, went to the location given by the caller to investigate. When he arrived at the intersection of Stebbins Avenue and Clark Avenue, he noticed the residence at 2085 Clark Avenue. From his location on the street (figure 1) Detective Schultz observed a six-foot privacy fence with an inner fence of about ten feet in height, as such, Detective Schultz could not see any evidence of any marijuana cultivation or other criminal activity. Based on his training Detective Schultz knew marijuana growers frequently used greenhouses, fencing, or other means to obscure the view of the illegal activities to avoid arrest. Undeterred with his finding on the ground, Detective Schultz along with Narcotics Agent R. Rodriguez chartered an airplane and flew over the residence at 2085 Clark Avenue. From an altitude of one thousand feet, both could visually see marijuana plants growing in the back yard behind the tall fence (figure 2). Using their testimony and photographs taken fromShow MoreRelatedPrivacy, As Defined By The Merriam-Webster’S Dictionary1354 Words   |  6 PagesPrivacy, as defined by the Merriam-Webster’s Dictionary is, â€Å"the quality or state of being apart from company or observation†(Merriam-Webster, 2011), and â€Å"freedom from unauthorized intrusion†(Merriam-Webster, 2011). Interestingly, the Constitution of the United States does not expressly protect a person s right to privacy ! There are however some provisions to privacy within the Bill of Right and the Amendments to the Constitution that do. Among them are the first amendment, that ensures theRead MoreThe Case Of Kyllo V. United States951 Words   |  4 PagesIn the case of Kyllo v. United States, I believe that the federal government did not exceed boundaries set by the Fourth Amendment. Conducting basic surveillance of the home with a basic thermal imager, Kyllo’s illegal activities were inferred using common patterns associated with indoor marijuana growth, and this information was used to obtain a search warrant. Although agents used extrasensory technology to view the normally invisible heat radiating from the home, their actions did not infringeRead MorePrivacy Is The Freedom From Unauthorized Intrusion Essay1308 Words   |  6 PagesWhen we became the United States, our founding fathers wrote the Constitution as a means of protecting our natural rights, such as speech and privacy, but a re we truly protected the government and others? Merriam-Webster dictionary defines privacy as the freedom from unauthorized intrusion. Privacy is one of the earliest forms of noneconomic due process, the idea was proposed by Samuel Warren and Louis Brandeis in 1890 was presented as a unifying theme for common law protection rights (â€Å"DevelopmentRead MoreThe Psychic Powers Of Drugs1018 Words   |  5 Pagesclaims the evidence from his home was seized illegally. In the criminal law domain, the Fourth Amendment â€Å"search and seizure† protections extend to law enforcement searches of items and places in which an individual has a legitimate expectation of privacy. These items and places include his or her â€Å"persons, houses, papers, and effects,† hotel rooms, clothing, purses, luggage, vehicles, and many other legally privatized things. In this case, the procedure used to find marijuana could easily be seenRead MoreAn Unmanned Aircraft System ( Uas )1691 Words   |  7 Pages As far as crowd surveillance goes, the use of drones appears to be a no-brainer. But this type of surveillance can also be a gateway into privacy-concerns. According to Black (2013), today’s rapidly changing drone technology carries the potential to violate the privacy rights of an individual. Numerous drones also carry the potential to â€Å"threaten privacy in society as a whole.† (Black 2013). Moving beyond crowd surveillance, drones are raising a lot of questions in reference to the Fourth AmendmentRead MoreThe Current State Of Fourth Amendment Law Essay2841 Words   |  12 Pages ?Privacy is one of the biggest problems in this new electronic age.[footnoteRef:1]? [1: Andy Grove http://quotesgram.com/img/privacy-quotes/9730413/] This paper is intended to discuss the current state of Fourth Amendment law and evaluate the legality of State and Local governments use of drones as an extension of the state government?s police powers. The paper will proceed first by examining the current state of Fourth Amendment jurisprudence with particular attention paid to how courts haveRead MoreThe Fourth Amendment And The Rights Of Search Warrants1195 Words   |  5 Pagesupholding or appealing, in what applies and does not apply, to the Fourth Amendment. The Fourth Amendment is within the Bill of Rights in the United States Constitution. The Fourth Amendment, clearly states people have a right to be secure in their privacy, in their own persons, own homes, and their own papers and their personal effects, against unreasonable searches and seizures. However, if there is probable cause of criminal or harmful intent being committed with a particular person or persons, thanRead MoreExamination Of The Fourth Amendment2339 Words   |  10 Pagesstates the limits of governmental authority. For instance, the First Amendment guarantees individuals’ natural rights such as freedom of speech, religion, and press. In addition, the Fourth Amendment restricts government intrusions into personal privacy and property. Both the Bill of Rights and the Fourth Amendment emerged from several English political documents such as the Magna Carta, the Petition of Right, and the English Bill of Rights (Bill of Rights - Bill of Rights Institute). Among theseRead MoreThe Issue Of Drone Law1874 Words   |  8 Pagesor change entirely, in the future. Despite the volatility of the current state of drone law, I believe that this is an incredible important area of the law for everyone in the United States, because there is a possibility of drastic changes to the privacy rights of American citizens. This pathfinder is intended to give a layperson an objective overview of the current status of drone law. To do this I will start my explaining drones and their capabilities. Next I will discuss Fourth Amendment commonRead MoreAir Aviation Case Study1136 Words   |  5 Pagesforward moving industry when developing legislation and ordinances. Areas most likely to see new legislation and ordinances from state and local governments will be the use by public entities such as law enforcement. As discussed above in California v. Ciraolo law enforcement aircraft can be used to obtain a search warrant based on observation from within the navigable airspace but, UASs operations differ. Due to limitations of UASs flight time, altitude restrictions, and LOS restrictions just flying