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Instances where the consititution may infringe the right to privacy

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The case of Cruzan v. Missouri Department of Health, which was decided on June 25, 1990, involved Nancy Beth Cruzan, who was involved in a road accident that left her severely injured. She majorly survived on gastronomy tube feeding, and her parents, seeing her in the state, wanted to stop the life support machine. However, the hospital refused to take action without the approval of the court. The primary question presented to the Missouri Supreme Court was whether the fourteenth amendment of the Due Process Clause allowed Nancy’s parents to terminate the life-supporting procedure of their daughter. In a 5-4 decision, it was concluded that, though the Due Process Clause authorizes individuals to refuse medication, this does not apply to incompetent persons. The court hence took an action of preserving human life as there was no guarantee that the patient’s parents were acting on her best interests.

In the United States constitution, the right of privacy refers to the autonomy of an individual to choose what they want to do. The fourteenth amendment of the Due Process Clause puts into the provision that no state should make any law that is in violation of the immunities of the citizens and that no state should deprive one of their life or property. Every citizen of America should be equally protected by law. Several amendments protect the privacy of United States citizens. They include the first amendment, which offers protects the right of privacy of beliefs, the third amendment act which addresses the right to house privacy, the fourth amendment which protects one from unreasonable searches and the fifth amendment which covers privacy of personal information.

There are several instances where the constitution may infringe on the right to privacy. A police officer is warranted to search a person’s premises where the search is supposed to lead to a lawful arrest. Unlawful searches are not illegal where a situation exists where people may be exposed to danger, when possible destruction may occur or when a suspect of a particular act has escaped. Also, the right of privacy is constitutionally infringed when the property to be searched is in a plain view, and when it comes to the search of some abandoned property.

 

 

 

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