Search and Seizure
A. Quirk Bradley 1
Criminal law is the foundation of the criminal justice system. The law defines the acts that may lead to an arrest, prosecution, and imprisonment. States punish a range of acts in their criminal codes.
The criminal law prohibits conduct that causes or threatens the public interest; defines and warns people of the acts that are subject to criminal punishment; distinguishes between serious and minor offenses; and imposes punishment to protect society and to satisfy the demands for retribution, rehabilitation, and deterrence. (Goldstein) page#22
The Fourth Amendment of the United States Constitution states, the right of the people to be secure in their person's 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 Fourth Amendment values privacy in the home and protects people's privacy from unlawful search and invasion. This topic interests me because I am concerned about the recent use of thermal imaging and the ways it could be used to invade the average citizen's privacy. Thermal imaging devices allows police to view heat as a visible light image. When police use this technique as a means of gathering evidence before a warrant is obtained, it can be said to violate our guaranteed Fourth Amendment rights under the Constitution.
The 4th Amendment, one of the most controversial amendments ever drafted, was added to the Bill of Rights on December 15, 1791. The idea of being secure in your home, however, goes back into the Pre-Revolutionary period. (A Historical, n.d.) Tax bills placed on the colonists drove some to start