What constitutes an objectively expectation of privacy

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Reference no: EM133299797

Case: The following are instructions for one essay that constitutes part of the required paper. As such, a level of depth will be required of you, to include a demonstration of your ability to read cases, extrapolate relevant information, and formulate an argument. As this is a 400-level course, this requires that you demonstrate your perspective on constitutionality in the context of due process and crime control in a manner that reflects a culmination of your knowledge, in effect displaying how your critical reasoning skills have developed throughout your engagement in criminal justice in general and, in particular, this course.

You must incorporate Mapp v. Ohio (1961) and Katz v. United States (1967) into your argument, which pertain to the exclusionary rule and "reasonableness" of privacy expectations, respectively.

The purpose of this assignment is for you to formulate a complex argument, citing from various cases, regarding your opinion of where the point of balance between crime control and due process should be, especially in the context of technology in an evolving society. You have a level of control over how you present your argument/formulate your narrative.

Question 1: How should citizens' subjective expectation of their privacy be balanced with governmental interests?
Question 2: What constitutes an objectively reasonable expectation of privacy, and how does the Court determine this?
Question 3: How does technology further complicate the balancing of due process and crime control?
Question 4: Identify the point where the balance between due process and crime control should be with respect to society's reliance on technology.
Question 5: Ensure that you consider remedies for violations of 4th Amendment interests. Should the remedies (e.g. the exclusionary rule) be modified? Anticipate that a strong argument in favor of significant change in Constitutional analysis will be presented in the near future; how will Dobbs (2022) impact the argument?

Reference no: EM133299797

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