CRS 334 PROJECT #1 POSITION PAPER. High-Tech Policing
CRS 334 PROJECT #1 POSITION PAPER
Total Value: 15% of Final Grade
The Fourth Amendment in the Digital Information Age
Consider: technological changes have complex effects on crime and law enforcement. Technology make crimes easier to coordinate and conceal, while also providing the government with new investigative tools. This project requires you to examine the competing interests of the government, the public and the individual. The issues encompass our class discussions about privacy vs secrecy, reasonable expectations of privacy, the constitutional definition of a search etc.
In 1979, before the days of cellphone, the Supreme Court ruled a that person has no reasonable expectation of privacy in information they turn over to a third party, such as a phone company. in Smith v. Maryland, 442 U.S. 735 (1979), the telephone company, at police request, installed a pen register to record the numbers dialed from the telephone at Smith's home. A pen register is an electronic device that records all numbers called from a particular land-based telephone line. Pen registers do not record sound, so they do not listen in on conversations and they do not record content. The police did not get a warrant or court order before having the pen register installed. The Court held: The installation and use of the pen register was not a "search" within the meaning of the Fourth Amendment, and hence no warrant was required.
In U.S. v Miller, 425 U.S. 435 (1976), the Court ruled that the defendant could not assert Fourth Amendment protection in bank records. In that case the Court held: There is no legitimate "expectation of privacy" in the contents of the original checks and deposit slips, since the checks are not confidential communications, but negotiable instruments to be used in commercial transactions, and all the documents obtained contain only information voluntarily conveyed to the banks and exposed to their employees in the ordinary course of business.
Contrast that with Riley v. Johnson, 573 U.S. ___ (2014), where the Court found that a warrantless search of the contents of a cell phone that had been legally seized in the course of an arrest was not constitutional. The Court held there was a legitimate expectation of privacy in the contents of a cell phone. While the Court acknowledged that a person in police custody and under arrest has diminished privacy interests, the Court insisted that those interests are not obliterated. The Court asserted: Modern cell phones are not just another technological convenience. With all they contain and all they may reveal, they hold for many Americans “the privacies of life,” The fact that technology now allows an individual to carry such information in his hand does not make the information any less worthy of the protection for which the Founders fought. Our answer to the question of what police must do before searching a cell phone seized incident to an arrest is accordingly simple—get a warrant.
So too, in Carpenter v. U.S., October 2017, the Court held that the Government’s acquisition of wireless carrier cell-site records revealing the location of Carpenter’s cell phone whenever it made or received calls was a search under the Fourth Amendment. The Court further acknowledged that an individual has a legitimate expectation of privacy in the record of their movements, thereby requiring a warrant to obtain cellphone location records created and stored by a third (non-governmental) party.
_________________________________
Read the CQ Researcher, High-Tech Policing edition uploaded to the Project 1 file in Bb. Use the publication as a writing prompt. Take a position on the issue of high-tech policing. Be sure you offer more than your opinion. Argue your case; develop your reasoning. Do not merely provide a description of the multiple sides of the issue, you must take a stand and support it.
Begin with your opinion, then explore what grounds that opinion. In other words, why do you hold that opinion?• Which facts are relevant to your opinion? Why?• Consider issues of definition.• What are the assumptions upon which you base your opinion?o Be sure to examine your assumptions. Question them. o Are there other available assumptions that might change your opinion? • You will not be able to adequately support your opinion without doing further research. The reading prompts are not sufficient. o You must research the issue and cite 3-5 sources described below as "Research Sources" The Research Sources must include scholarly or argumentative sources. Scholarly sources:• As defined by Syracuse University, scholarly sources: are found in peer-reviewed, or refereed, journals. Such journals have editorial boards of experts who accept or reject articles for publication. Therefore, the articles are considered high quality and represent important research in a given field.• Articles from popular magazines do not include the same level of research and are not reviewed in the same way. They often contain stories of interest to a wider audience. See: http://researchguides(dot)library(dot)syr(dot)edu/c.php?g=258120&p=1725787 Argumentative sources take a position on the issue.• The argumentative sources must present differing views or reach different conclusions regarding the issue. In other words, the sources should not be repetitive of one another. Together, they should expand your knowledge of the issue rather than merely repeat the same discussion.• Write your essay. I do not want to see an over-reliance on someone else’s language in the essay as you argue the case. Use your own reasoning skills and language to support your position.
Objective:• Draft a written argument that demonstrateso Relevant, well-organized support for the claim, including A clear, concise, controversial claim/thesis Relevant, well-organized support for the claim, including• An introduction and conclusion that are logically supported by the analysis A command of conventions of standard English grammar, usage, capitalization, punctuation, and spelling.• See the rubic uploaded to Bb for greater detail.
Format:• Provide a Bibliography or a Works Cited page. APA or MLA format is fine. • Please format your letter in 12-point font and one-inch margins. • The paper should be no fewer than 1400 words and no more than 2200 words. If the paper is fewer than 1400, you will fail the assignment and will not be given the opportunity to re-write. Word count does not include Works Cited.• Upload the paper in Microsoft Word format.
AudienceYour audience is the readership of a national newspaper. Do not use the word “I.”
CRS 334
High-Tech Policing
Conventionally, law enforcing firms have encountered a hostile relation with modernization. Nevertheless, it is close to impossible for them to ignore or dispute embracing of contemporary technologies because current establishments in data processing have transformed the approaches along with assumptions of law enforcers together with that of criminals (Fatih & Bekir, 2015). The high-tech innovations in the recent past years have given law enforcing firms fresh interpretations and deliberations beyond the conventional techniques and prospects to use a broad scope of modernization in various situations. The current modernisms along with enforcement enhance productivity and potency of law enforcement. These modern techniques include network anatomy, crime mapping, biometrics, thumbprints, DNA analysis, speech identification among others which are special aspects championing the high-tech policing. The aim of this paper is to explore and clearly demonstrate how modernization has transformed the responsibility of law enforcing officers as well as the manner in which crimes and villains have transformed in the recent few years. Further, it will review and illustrate various technological advancements that have in the past, and greatly are contributing towards combating crimes.
Current technologic establishments have transformed the manner in which individuals in the community live and their way of working. Establishments regarded as impossible in the past are now being considered as possible using the established modern technologies. Additionally, Villain characters, along with their routine ways, have greatly transformed corresponding to these modernism establishments. Villains have started utilizing technology items whenever they are carrying out their villain activities (Chan et al., 2001). With the emergence of improved software and hardware systems of modernization, criminals can commit felonies without difficulty, and violations have now changed from their initial more noticeable techniques to the digital sphere. That denotes that the first firm or party to realize the significance of modernization in data processing and has an adequate understanding with regard to its current establishments will lead in matters of technology.
Despite the fact that there has been a sequence of amalgamating law enforcing firms in recent years, there still exists a huge opposition to the aspect. Many nations have amalgamated firms and have achieved greater productiveness in their service delivery endeavors but many more are yet to realize the advantages of amalgamating especially when it comes to handling internationalized felonies. State agencies like the FBI, Homeland Security as well as CIA receive a progressive supply of finances to enable them to devise means and ways to combat the crimes of the 21st century. Terrorism is a major headache to these agencies. Consequently, state agencies are putting every effort in bringing together all other departments concerned with national and international security so as to achieve well-coordinated results towards fighting terrorism. Despite the challenges associated with merging the various security departments, as well as the resistance from some agencies, there are significant steps that have been taken towards achieving the overall goal.
The 20th century experienced fresh modernization that possessed a remarkable and outstanding influence on enforcing in the United States. According to Garretson (2005), there were three particular technologies that transformed enforcing: The two-way radio, the patrol car, and the telephone. The two-way radio embellished the correspondence among the supervisors and law enforcing officers that were on duty, instantly influencing the attribute of service to the society. The patrol car that was introduced in the 1920s significantly raised and improved the movement of law enforcing that initially move on foot. The law enforcement officers became more efficient and the mobility greatly reduced their response time. The telephone enabled individuals to have a direct link with the law enforcement agencies (Fatih & Bekir, 2015).
These modern technologies further possessed a little ineffectual ramification. The patrol car, for instance, separated the law enforcement officers from the general public. The officers initially used foot to patrol where they had direct contact with the citizens which also resulted in a good rapport. The car made the officers appear like outcasts in their own society. The telephone on the other hand pensively raised the work of police on patrol. People started calling the law enforcement agencies for insignificant and personal predicaments that the officers were not supposed to handle. The telephone transformed informal citizenry contact to private contact by conveying officers into citizen's residences.
Technological enhancements have changed contemporary enforcing in numerous ways. Many modern technological establishments have further had wide-ranging influences on law enforcement firms. For example, data processing, video spying techniques, DNA testing along with bullet-proof vests are presently universal and crucial items in policing. Current gravities over homeland security as well as the fight against terrorism have formed fresh high-tech challenges and requirements for the law enforcement officers just like the establishment of high-tech crimes. Precisely, the late 20th century, as well as the early 21st century, have been times of specifically high-tech transformation in law enforcing. Surprisingly, while the high-tech transformation is a basic force that has immense assurance for improving efficiency, equity, along with constitutionality of law enforcers, comparatively, little investigation has been done on...