4th Amendment
Explain the protections guaranteed by the 4th Amendment. Review Riley v. California (page 526) and answer the following Case Discussion Questions.
1. In what ways did the justices think searching cell phones impacts the Fourth Amendment’s protection of privacy? Why was this important to the Court’s decision?
2. How did the police use the information they found on Riley’s phone? On Wurie’s? Do you think either man could have been convicted without the use of that information?”
Unit 2 DB: Ethical Issues and Document Destruction in Discovery “In Unit 2, you are learning about the resolution of private disputes and what happens during the discovery phase of litigation. Imagine that you are a project manager at a construction company and your company is being sued. You are in possession of documents that you know will harm your company’s chances of winning the lawsuit. Can you destroy or change these documents if it improves your company’s chances of winning the lawsuit? What are the consequences of document alteration or destruction that interferes with legitimate discovery requests?
In response to your peers, consider your peers’ response. If they disagree with your response, consider the factual assumptions they have made which form the foundation of their opinion. Can you challenge those assumptions while furthering your discussion? If your responses are similar, consider posing a hypothetical question to test your peer’s conclusions.
Regardless of whether you are an attorney arguing in court or a business stakeholder pitching to shareholders or a potential client, adding support for your argument from appropriate resources strengthens your content. For this discussion board, be sure to include a citation to an appropriate source that supports the point you are making. (HINT: Your textbook is a great source!)”
Question 1 “A. Briefly summarize the facts, issue, holding and reasoning in Cruzan v. Missouri Department of Health.
B. Do you believe that the Constitution adequately protects the right of privacy? If so, what aspects of privacy receive protection? In other words, what aspects of everyday life are considered private and protected by the Constitution and when can the government Constitutionally infringe on one’s right to privacy?
Sample Solution
4th Amendment
The Fourth Amendment of the U.S. Constitution provides that “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or Affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” The ultimate goal of this provision is to protect people`s right to privacy and freedom from unreasonable intrusions by the government. However, the Fourth Amendment does not guarantee protection from all searches and seizures, but only those done by the government and deemed unreasonable under the law.
