Inadvertent Disclosure & Drones and The Fourth Amendment
Prompt 1 Inadvertent Disclosure You are working as a paralegal for the law firm that represents the trucking company in the Arkansas Bus Collision Case. You inadvertently send an email to the attorney for the opposing party’s lawyer with an attachment that contains a confidential document. Discuss the following questions: What should you do in this situation? What are the advantages of using email communication? What precautions should be taken when using email? Prompt 2 Drones and the Fourth Amendment The Fourth Amendment states, “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.” Courts have established exceptions to the warrant requirement of the Fourth Amendment. In addition, courts have had to consider technological advancements and determine the Fourth Amendment implications. The U.S. Supreme Court has considered searches and seizures in cars, use of airplanes to conduct surveillance, and the use of specially trained dogs to “sniff” out drugs. One issue that has not yet been decided by the United States Supreme Court, but is ripe for review, is the police use of drones. Read this law review article: Belinger, C. (2019, February 28). Florida v. Riley: Foreshadowing Fourth Amendment issues in 21st century aerial surveillance and the need for clarity. Minnesota Law Review. https://minnesotalawreview.org/2019/02/28/florida-v-riley-foreshadowing-fourth-amendmentissues-in-21st-century-aerial-surveillance-and-the-need-for-clarity/ If you were a United States Supreme Court justice, would you require law enforcement officers to seek a warrant before using a drone to conduct surveillance? Please explain.
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