Essays /

Did The Government Go Too Far Essay

Essay preview

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 a cause, and a probable cause must be sworn to by the police officer or prosecutor and approved by a judge. A warrant must describe what is being searched and what will be seized. 100 marijuana plants were found finalizing the arrest of DLK; however, did the scan violate DLK’s Fourth Amendment rights? The Fourth Amendment states, “The right of people to be secure in their persons, houses, papers, and effects, against unreasonab...

Read more


1 100 15 1967 2 2013 3 4 abil abl access accident accumul acquir act activ actual advanc advantag affirm agenc agent allow also although amend american amount appeal approv area argu arous arrest author awar believ belong booth bug c camera cannot case catch caus chang charg color concern conduct consid constitut construct contain convers convert convict core cornacchia could countri court crime cross d decemb degre delay describ detail devic display dlk document done door effect emphas energi enforc enter escap even everi evid exceed expect explor expos exposur eye f fact far feder feel final forc form found fourth gambl gather general generat get go good govern greatest grow heat help high home honor hous howev human illustr imag impact indic individu indoor inform infrar insid insul intend invas issu judg katz keep kind know known lack law led legal light like line listen m mani marijuana matter may method must nake natali natur need never new normal notic oath obvious occur offer offic one oregon outsid overrid paper part particular past peopl person phone physic place plant polic power previous privaci privat probabl problem prosecutor protect provid public question reason record relat releas repres requir resid respect result right roof rule scalia scan scanner search secur seek seem seen seiz seizur sens shall show shown sim someon sometim special state stewart still stress subject subvert suggest support suppos sure surfac surpass surveil suspect sworn take tech technolog therefor thermal thing though threaten time tool touch unabl unit unknow unknowing unless unreason upheld upon use usual v violat visual wall want warrant way went white window without work world would