What Is The Right Of Privacy?
You would initially assume that the Right of Privacy is explicitly stated within the United States Constitution; however, this is not true. Instead, it is an interpreted or created right due to some of the core Amendments found within the document.
One of the core Amendments creating such a right is found within the Fourth Amendment, which states that ?we the people? are to be free unreasonable government intrusion or searches. Of course, this freedom of a Right of Privacy only exists when there is a lack of probable cause for such an intrusion, hence the reasonableness standard recently mentioned.
Other Amendments create certain rights that allow us to control decisions concerning our bodies and private lives without the interference from the government, just as mentioned about, i.e. right to choose own child?s education, right to have consensual sex with another adult, right to free speech, etc (i.e. your Right of Privacy or to be left alone).
It is important to note that when dealing with children and public schools, the child may not always have a right of privacy while inside or attending that school. The reason for this is policy based and assists in maintaining the safety of the others inside the school. This does not mean that schools can do whatever they choose?because they are public the Constitution still plays a role. However, that role may mean a decrease in a child?s right of privacy while attending that particular school.
Therefore, it is essential to know the law, maintain your right of privacy, and then lawyer-up. You are always allowed to tell an officer ?no,? so do it. Make the officer work and investigate ? that is his or her job as a law enforcement officer. Contact Josh Jones 7-days a week if you or someone you know is facing a criminal felony or misdemeanor charge here in the State of Michigan. Remember, he handles all criminal defense matters, and specializes in marijuana law.
PLEASE DO NOT RELY ON THESE LEGAL OPINIONS AND OBSERVATIONS WHEN REPRESENTING OR ATTEMPTING TO REPRESENT YOURSELF IN COURT. THESE ARTICLES ARE NOT MEANT TO COMPENSATE OR REPLACE LEGAL REPRESENTATION. YOU SHOULD AND MUST CONTACT AN ATTORNEY AND DISCUSS WITH HIM OR HER THE CONSEQUENCES OF ANY AND ALL IDEAS, STATEMENTS, OPINIONS, EXPRESSIONS OR OTHERWISE STATED ON THIS SITE. LAWYER-UP.