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Askthejudge.info features regular updates from the news, important decisions from the nation′s courts, and online discussions with Judge Tom. Find out everything you need to know about youth rights, juvenile law and juvenile justice. AsktheJudge – Empowering youth one question at a time.

Disclaimer: The information contained in this site is made available to the general public and is not intended to serve as legal advice.You should consult a trained legal professional in your area for questions you may have about the laws affecting juveniles or any legal interpretations.

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August 11, 2015
Judge Tom
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Do drones violate the Fourth Amendment?

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As you know, the 4th Amendment to the U.S. Constitution guarantees our privacy against government intrusion. Unless law enforcement has what’s called “probable cause” or a court warrant, your property and person are safe from unreasonable searches and seizures. Obviously, the facts of each case dictate just how this principle is enforced and interpreted.

A twenty-first century challenge to the 4th Amendment will be how drones fit into our lifestyles – what’s off-limits as opposed to what’s in the public domain? Drones are used by law enforcement, scientists, farmers and others for multiple purposes. You have probably noticed them on your TV screen during a football game, hovering over the field and following the action below.

Concerns include peeping-tom incidents by nosy neighbors or predators, safety to property and persons hit by stray or out-of-control drones, or interference with legitimate airlines flying overhead. These issues will continue to be debated and will undoubtedly end up in courts across the country. How the courts weigh in when the 4th Amendment is invoked remains to be seen. Stay tuned.

Photo by SparkFun Electronics

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Judge Tom

The Author Judge Tom

Judge Tom is the founder and moderator of AsktheJudge.info. He is a retired juvenile judge and spent 23 years on the bench. He has written several books for lawyers and judges as well as teens and parents including 'Teen Cyberbullying Investigated' (Free Spirit Publishing) and 'Every Vote Matters: the Power of Your Voice, from Student Elections to the Supreme Court' (Free Spirit Publishing). In 2020, the American Bar Association published "Cyberbullying Law," the nation's first case-law book written for lawyers, judges and law students. When he's not answering teens' questions, Judge Tom volunteers with the American Red Cross and can be found hiking, traveling and reading.

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