History, Background Thoughts, and legal considerations
History has shown that we as human beings learn from our
mistakes. This can be seen from ancient times. Therefore, New laws and policies
are set in place when the need arises, and old laws are modified based on circumstances.
A law that was set in place 100 years ago may not correspond to the present
situation. Hence, the need for reconceptualization.
Even the Forth Amendment underwent adjustments on its passage through Congress (1). The changes in laws and limitations can be seen through out history. In some cases, there is no clear policy or there may be versions of the same policy. In those cases, the laws upheld, and the version of policy is chosen based on the “result the court intends to reach and by facts which support that result”(2) .
With the advancement of technology, the need arises for new
laws pertaining to the improper use of the technology. For e.g., 100 years ago,
there were no laws stating that emails could be used as evidence in court. However,
now we use them as hard evidence to incriminate.
- https://www.law.cornell.edu/constitution-conan/amendment-4/search-and-seizure
- https://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1107&context=facpubs
- Image by Mary Pahlke from Pixabay
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