ABSTRACT – Chimaera Unleashed – Part I: A Legal and Legislative Background of the Fourth Amendment Culminating in Riley and Jones analyzes the Constitutionality of the United States government’s warrantless searches of private citizens and companies, including private digital transmissions and stored electronic data, through the use of emerging technology.
This article examines the legal and legislative history of the Fourth Amendment, focusing on Katz v. United States[1] and its progeny. It importantly includes a review of the most recent U. S. Supreme Court cases in the area of privacy and the Fourth Amendment – Riley v. California[2] and United States v. Jones.[3] While evaluating the government’s actions with respect to warrantless searches and surveillance during the post-Katz era, it also examines specific examples of surreptitious governmental monitoring programs that likely fall awry of the United States Constitution.
In doing so, this article also considers the long-term political and policy implications of the government’s arguably extra-legal conduct, including the potential for the derision of democratic values and ideals that may in turn result in the weakening of our country’s political structure and cybersecurity infrastructure.
By Vania M. Chaker, Esq. @VaniaChaker, VaniaChaker.com
[1] 389 U.S. 347 (1967).
[2] 134 S. Ct. 2473 (2014).
[3] 132 S. Ct. 945 (2012).
Chimaera Unleashed: The Series 