The Fourth Amendment to the United States Constitution is part of the Bill of Rights. It prohibits unreasonable searches and seizures. In addition, it sets requirements for issuing warrants: warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be searched and the persons or things to be seized.
Unsafe at Any Speed: The Designed-In Dangers of the American Automobile is a non-fiction book by consumer advocate Ralph Nader, first published in 1965. Its central theme is that car manufacturers resisted the introduction of safety features, and that they were generally reluctant to spend money on improving safety. This work contains substantial references and material from industry insiders. It was a best seller in non-fiction in 1966.
The right to privacy is an element of various legal traditions to restrain governmental and private actions that threaten the privacy of individuals. Over 150 national constitutions mention the right to privacy.
A smear campaign, also referred to as a smear tactic or simply a smear, is an effort to damage or call into question someone's reputation, by propounding negative propaganda. It makes use of discrediting tactics.
Hiibel v. Sixth Judicial District Court of Nevada, 542 U.S. 177 (2004), is a United States Supreme Court case in which the Court held that a statute requiring suspects to disclose their names during a valid Terry stop does not violate the Fourth Amendment if the statute first requires reasonable suspicion of criminal involvement, and does not violate the Fifth Amendment if there is no allegation that their names could have caused an incrimination.
The privacy laws of the United States deal with several different legal concepts. One is the invasion of privacy, a tort based in common law allowing an aggrieved party to bring a lawsuit against an individual who unlawfully intrudes into their private affairs, discloses their private information, publicizes them in a false light, or appropriates their name for personal gain.
Section 8 of the Canadian Charter of Rights and Freedoms protects against unreasonable search and seizure. This right provides those in Canada with their primary source of constitutionally enforced privacy rights against unreasonable intrusion from the state. Typically, this protects personal information that can be obtained through searching someone in pat-down, entering someone's property or surveillance.
Expectation of privacy is a legal test which is crucial in defining the scope of the applicability of the privacy protections of the Fourth Amendment to the United States Constitution. It is related to, but is not the same as, a right to privacy, a much broader concept which is found in many legal systems. Overall, expectations of privacy can be subjective or objective.
Vernonia School District 47J v. Acton, 515 U.S. 646 (1995), was a U.S. Supreme Court decision which upheld the constitutionality of random drug testing regimen implemented by the local public schools in Vernonia, Oregon. Under that regimen, student athletes were required to submit to random drug testing before being allowed to participate in sports. During the season, 10% of all athletes were selected at random for testing. The Supreme Court held that although the tests were searches under the Fourth Amendment, they were reasonable in light of the schools' interest in preventing teenage drug use.
Canadian privacy law is derived from the common law, statutes of the Parliament of Canada and the various provincial legislatures, and the Canadian Charter of Rights and Freedoms. Perhaps ironically, Canada's legal conceptualization of privacy, along with most modern legal Western conceptions of privacy, can be traced back to Warren and Brandeis’s "The Right to Privacy" published in the Harvard Law Review in 1890, Holvast states "Almost all authors on privacy start the discussion with the famous article 'The Right to Privacy' of Samuel Warren and Louis Brandeis".
United States v. Martinez-Fuerte, 428 U.S. 543 (1976), was a decision of the United States Supreme Court that allowed the United States Border Patrol to set up permanent or fixed checkpoints on public highways leading to or away from the Mexican border and that the checkpoints are not a violation of the Fourth Amendment.
Winston v. Lee, 470 U.S. 753 (1985), was a decision by the U.S. Supreme Court, which held that a compelled surgical intrusion into an individual's body for evidence implicates expectations of privacy and security of such magnitude that the intrusion would be "unreasonable" under the Fourth Amendment, even if likely to produce evidence of a crime.
R v Kang-Brown, [2008] 1 S.C.R. 456, 2008 SCC 18, is a constitutional decision by the Supreme Court of Canada on the limits of police powers for search and seizure. The Court found that police do not have the right to perform a sniffer-dog search of public spaces when such search is not specifically authorized by statute. In this case, a suspect's section 8 rights under the Canadian Charter of Rights and Freedoms ("Charter") were violated when a police officer stopped him at a bus station and sniffer-dog searched his bag finding drugs in his possession.
R v Patrick, [2009] 1 S.C.R. 579, 2009 SCC 17, is a constitutional decision by the Supreme Court of Canada on the limits of police powers for search and seizure. The Court found that police have the right to take garbage bags placed for collection at edge of a property without warrant. In this case, the accused abandoned his privacy interest when he placed his garbage for collection at the rear of his property where it was accessible to any passing member of the public. His section 8 rights under the Canadian Charter of Rights and Freedoms were not violated when a police officer seized bags of garbage at the rear of his property and used the contents of seized bags as evidence of criminal activity.
O'Connor v. Ortega, 480 U.S. 709 (1987), is a United States Supreme Court decision on the Fourth Amendment rights of government employees with regard to administrative searches in the workplace, during investigations by supervisors for violations of employee policy rather than by law enforcement for criminal offenses. It was brought by Magno Ortega, a doctor at a California state hospital after his supervisors found allegedly inculpatory evidence in his office while he was on administrative leave pending an investigation of alleged misconduct. Some of what they uncovered was later used to impeach a witness who testified on his behalf at the hearing where he unsuccessfully appealed his dismissal.
Misuse of private information is a new common law tort that English courts recognised in Campbell v MGN Ltd. Arising as a branch of the law relating to breach of confidence, it has been reinforced by Article 8 of the European Convention on Human Rights, supplemented by s. 6 of the Human Rights Act 1998, which obliges public institutions not to act inconsistently with Convention rights.
Nixon v. General Services Administration, 433 U.S 425 (1977), is a landmark court case concerning the principle of presidential privilege and whether the public is allowed to view a President's “confidential documents”. The Presidential Recordings and Materials Preservation Act, signed into law by President Gerald Ford in 1974, ordered that the Administrator of General Services obtain President Richard Nixon’s presidential papers and tape recordings. In addition, the Act further ordered that government archivists seize these materials. These archivists would preserve the material deemed historic and return to former President Nixon the materials deemed private. Furthermore, this Act stated that material that was preserved could be used in judicial hearings and proceedings. Immediately after this Act was enacted, Richard Nixon filed a lawsuit in a federal district court claiming that the Act violated the principle of separation of powers, the principle of presidential privilege, Nixon's personal privacy, his First Amendment right of association, and further asserted that it amounted to a constitutionally prohibited Bill of Attainder.
Michael A. Smyth v. The Pillsbury Company, 914 F. Supp. 97 was decided on January 18, 1996 in the United States District Court for the Eastern District of Pennsylvania. Michael A. Smyth was a regional operations manager at the Pillsbury Company. Smyth had a company email account that he was able to access from work and home. Pillsbury, on multiple occasions, told its employees that all email communications were private, confidential, and that there was no danger of the messages being intercepted and used as grounds for discipline or termination.
The third-party doctrine is a United States legal doctrine that holds that people who voluntarily give information to third parties—such as banks, phone companies, internet service providers (ISPs), and e-mail servers—have "no reasonable expectation of privacy." A lack of privacy protection allows the United States government to obtain information from third parties without a legal warrant and without otherwise complying with the Fourth Amendment prohibition against search and seizure without probable cause and a judicial search warrant.
Intrusion on seclusion is one of the four privacy torts created under U.S. common law. Intrusion on seclusion is commonly thought to be the bread-and-butter claim for an "invasion of privacy."Seclusion is defined as the state of being private and away from people. Intrusion is defined as the act of intruding.
