Arguments Against The Fourth Amendment

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Other opponents will say that it is officers have done their jobs roughly the same for many years, and that the courts are already backlogged in with cases. As cited above, just because something traditional, does not mean it is a good practice. Segregation was traditional at one point, but that was found to be in error. Again, there are already motions to suppress evidence. In cases where a person is found guilty, and their privacy violated, why not consider it a mitigating circumstance?
Another argument is that the state has an interest in protecting the people, and if you have nothing to hide, why do you need so much privacy? I am reminded of a quote by Benjamin Franklin. “Those who would give up essential Liberty, to purchase a little …show more content…
To deny a person their right to privacy is to deny them their autonomy. The founding fathers knew the value of privacy, that is why the Fourth Amendment is written the way it is. The right against unreasonable searches and seizures comes preeminent to the warrant clause. The Supreme Court has rulings such as Roe v. Wade, Griswold v. Connecticut, and other that have continually expanded this fundamental right to privacy. The mere fact, the Constitution has amendments, leaves no question that the Framers of the Constitution had the foresight to allow for it to change with the times. However, the Framers could not imagine or fathom the technological advances that would occur in their life time, let alone two or three centuries later. The right to privacy is not so clearly spelled on in the Fourth Amendment because it would be such a lofty and adventurous task to include all the current and possible future scenarios where a person’s privacy might be considered. Technology exists today that allows the government to monitor virtually the every move of a citizen at essentially any given time. This surveillance is already legally questionable, but it can be done in such a way, on such a grand scale that the individual can be totally oblivious, and in many cases allows the government to know John Doe even better than he knows
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