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Week 1 Assignment

Good Essays

SUMMARY OF A CASE INVOLVING 4TH AMENDMENT RIGHTS At about 6:08am, on October 4, 2009, Trisha Oliver, a resident of Cranston Rhode Island called 911 reporting that her six-year-old son, Marco Nieves, stopped breathing. Emergency authorities took Marco to Hasbro Children's Hospital, where he was found to be in full cardiac arrest. He later died after 11 hours attempt to save his life. At about 6:20am, Sgt. Michael Kite of the Cranston Police Department had arrived at the apartment, where he found Oliver, her boyfriend Michael Patino, and their 14-month-old daughter, Jazlyn Oliver grieving the loss of their loved one. Officer Kite noticed a few odd things about the apartment where Marco suffered his cardiac arrest. Among these things was a …show more content…

Savage reasoned that cell phone contents are deserving of Fourth Amendment protection against unreasonable searches and seizures because people generally keep them on their person at all times. "Text messages are often raw, unvarnished, and immediate; revealing the most intimate of thoughts and emotions to those who are expected to guard them from publication," she wrote, further stating that the court "does not find that the remote possibility that an unintended party will receive a text message due to his or her possession of another person‘s cell phone is sufficient to destroy an objective expectation of privacy in such a message." But Savage's decision is unlikely to be the final word on this topic. Savage herself noted that the US Supreme Court has declined to provide guidance to lower courts. "Even the United States Supreme Court has struggled with the legal challenges raised by emerging technology, most especially in the realm of cellular phones and their contents," she wrote.

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