Compare the trespass doctrine with the privacy doctrine in defining Fourth Amendment searches.

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Compare the trespass doctrine with the privacy doctrine in defining Fourth Amendment searches.

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A definition of both terms provides a good starting point for examining the similarities and differences between the two terms. “The trespass instruction empowers search officers to physically invade constitutionally protected areas, including people, houses, papers and effects.” The doctrine, which focused on protecting people from intrusion and unfair privacy searches without due regard to privacy issues, was replaced by the doctrine of privacy. This was due to the complexity in the inability to distinguish between the effective exercise of duties and a clear violation of the right to privacy. The fundamental similarity between the doctrine of trespass and the doctrine of privacy is that both seek to ensure that “the government has sufficient power to protect its people by having access to the evidence it needs to control crime”. The difference between the two teachings is that the doctrine of privacy focuses more on protecting the privacy of individuals. In theory, the doctrine of privacy controls the powers of government. Privacy and freedom are two values ​​that are at the heart of a free society. The balance of interest generated by the two doctrines focuses on the need to protect the nation from criminal activity and to meet the special needs of persons outside the enforcement of criminal law.

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