In your own words what is required before a search can take place or an arrest warrant may be issued Is technological information gathering and surveillance protected by the Fourth Amendment Why or why not The thing that is required before a search can take place or an arrest warrant can be issued is probable cause Probable cause is necessary before a police officer can search you or your home or issue a warrant for your arrest This is a good thing because what this does is protect the United States citizens from a law enforcement official behaving unlawfully for no reason This protects the citizens from an officer simply searching who they please when they please It is a law that not only protects the citizens but is also meant to keep the law enforcement officials in check by providing them with guidelines on how they can behave Is technological information gathering and surveillance protected by the Fourth Amendment I would say not but I would say so tentatively This would seem like a topic that would could or currently should be under heavy debate but given that we are living under the Patriot Act I would say that the arguments are wasted I would say they are not protected under the Fourth Amendment as long as they are not done so by entering your home or invading your physical space I would imagine that the technological gathering of information is considered legal because the information gathered is out in the open Issuing a warrant involves more than a signing of a paper by a judge there are many other factors that are involved When talking about intruding in the privacy and homes of other people the T s have to be crossed and the I s have to be dotted to makes sure there are no glitches in the warrant or what and who they are going after Now if an officer actually witnesses a crime then at that point the officer can search a premises or a persons body if not than a warrant has to be obtained In order for an officer to obtain a warrant they first have to go to someone who is neutral a judge or a magistrate there has to be probable cause affirmation or oath and a specific description of a certain location and or object In order for a judge or magistrate to issue they have to see a sworn statement of facts showing probable cause to search that specific place or object No the use of technology is not in my opinion is not protected by the fourth amendment the technology was no where near then what it is today and the fourth amendment is not specific with the use of technology today The privacy protection now defiantly is in favor with law enforcement and the rights of American citizens have been undermined American depend on their rights to privacy and unreasonable searches for decades and not that is somewhat tainted
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