"Smoke and Mirrors"
by Dan Baum

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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.

The Fourth Amendment
is probably, next to the First Amendment, the most recognizable to the average American. After all, how many times have we seen some television character answer the front door and politely ask the police waiting there if they have a warrant? The founders fashioned this amendment after having endured the uncertainty and tyranny of British soldiers conducting searches whenever the spirit moved them to do so, typically with no more cause than bare suspicion or vengeance. Unfortunately, the Fourth Amendment is singularly threatened in our modern society, and is threatened more now than ever.

Lady Liberty agrees wholeheartedly
with Ben Franklin, who knew what to say about Fourth Amendment threats, including those made today in the name of the "War on Drugs" and the "War on Terrorism": "They that can give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety." Or, as Lady Liberty would say: "When you give up any of your freedoms, the terrorists win another battle in their war."

Don't volunteer your "voluntary" cooperation - turn around before you reach drunk driving checkpoints; say "no" when authorities ask to search your house, your car, or your belongings without a warrant (the ACLU offers a handy reference card to help you in this situation, and you can learn much more about handling road blocks from the Road Block Registry).

Urge your legislators to work for reform of search and seizures laws; demand local law enforcement not benefit from seized property unless and until its owner is convicted, and a direct link between that property and the crime is proved.

Check out our Resources pages for additional information as well as organizations that would appreciate your help in any of a number of ways.