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Illegal Search and Seizure

There don’t seem to be many violations to the Fourth Amendment, but there are plenty.  The Fourth Amendment is rather specific in its wording:

 

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” (www.law.cornell.edu).

 

The importance of this amendment is for all citizens to be able to protect their homes/persons from illegal intrusion from the law.  This does not mean squat to many police officers, district attorneys, and even judges.  How could a person who takes an oath to uphold the law violate the constitution and have no problems with it?  The idea of a person who is supposed to protect the United States’ citizens purposely violating their rights does not please me.  It shouldn’t please anyone who lives in this country, either.  This is an important right that everyone has and should definitely be able to keep as long as they live and are citizens of the United States.

 

The Transportation security Administration (TSA) is violating the Fourth Amendment left and right.  They have placed full-body scanners in court houses and airports.  The federal government assured the public that pictures would not be recorded and saved from these machines.  That is not the case.  The scanner that was uses in a Florid courthouse showed the actual “people side-by-side with their X-rayed selves” (Allahpundit).  Why did the government outright lie to the public?  To save their own asses, of course.  This is in direct violation of the Fourth Amendment.  The amendment gives people the right to be secure in their persons against unreasonable searches.  I believe the scanning of humans and taking pictures of their faces violates this.   Shockingly, former TSA security director, Mo McGowan, openly stated on fox news that “Nobody likes to have their 4th Amendment violated going through a security line, but the truth of the matter is, we’re going to have to do it” (Left Coast Rebel).  Excuse me? Did this man actually say this in public?  It’s not shocking that he’s no longer the security director.

 

A video showing the Border Patrol Violating the Fourth Amendment

 

On his website, a Utah DUI Attorney, David Rosenbloom speaks about violations of the Fourth Amendment.  He states that police officers “pay little attention to the fourth amendment… [because] it is not a self-enforcing right, such as the freedom of speech” (Rosenbloom).  In short, if a citizen believes his or her rights were violated and they were illegally searched/things were seized from them, they must “ask a court to examine the case and apply the fourth amendment protections suppressing the evidence as the result of an illegal stop” (Rosenbloom).  Wow!  How is this happening in the United States? It baffles me completely because it’s simple foolish of the police and most Americans simply assume that the law makers are looking out for their best interest.  Obviously not.  Many cases of being illegally stopped are taken to trial because most Americans do not know their rights.  If we all want to keep our rights and want the law to actually uphold our rights, we need to know what the constitution says.

 

Works Cited

Allahpundit. “Former TSA Security Director:” HotAir. N.p., 16 Nov. 2010. Web. 24 Feb. 2012.

http://hotair.com/archives/2010/11/16/former-tsa-security-director-no-one-likes-fourth-

amendment-violations-but-were-going-to-have-to-do-it/.

“Fourth Amendment.” Legal Information Institute. N.p., n.d. Web. 23 Feb. 2012.

http://www.law.cornell.edu/wex/Four

Rosenbloom, David. “The Fourth Amendment and Suppression.” Utah DUI Attorney | DUI Law

Utah. N.p., n.d. Web. 23 Feb. 2012. http://www.duiutah.com/dui-defense/fourth

amendment-violations.

One response so far

One Response to “Illegal Search and Seizure”

  1. Nathaniel Baca says:

    It is frustrating that the police continually seem to ignore the Constitution and conduct illegal searches. Whether there is a national interest or not, we need to be protecting our Constitution whenever possible in anticipation of these abuses by the government. It is unfortunate that more of these cases haven’t reached the Supreme Court.

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