IV. 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.
November 13, 2009
Police property seizures ensnare even the innocent 11-12-09
I don't question the wisdom of confiscating property used in or obtained via criminal endeavors. I don't even argue that the proceeds from such seizures ought to go to the law enforcement personnel who discovered and prosecuted the crime. But I am firmly convinced that seizures are never to be finalized until it's actually shown—via a conviction, thank you—that an actual crime was committed and that the person from whom the seizure was made is the guilty party. The abuses outlined and actually defended here are sickening at best. In some of these cases, it's all too apparent that it's the cops who are the bad guys.- DUI checkpoints will continue in Fontana, but police will not 'enforce immigration laws on the streets,' chief insists 11-12-09
What do you mean "allegedly" violate Fourth Amendment rights? As far as I'm concerned, there's no alleged about it! I realize that the courts have ruled otherwise and that some of those rulings have noted that as long as everybody is stopped, there's no problem. Really? If everybody was cavity searched by the TSA before people were allowed on jets, would that be okay? 
Judge tosses case against convict caught with a gun 11-12-09
If this ruling does leave prosecutors scratching their heads as the reporter writes, well, that would only be because they have no clue how the Fourth Amendment actually works. Oh, well, if that's the case, they can join the cops who apparently haven't been able to figure it out, either.
November 12, 2009
- State Supreme Court hears arguments in condemned murderer’s appeal 11-12-09
If the facts are as presented here, then it seems pretty clear to me that the search was illegal. The crime was heinous and, in my opinion, surely warrants the death penalty. But the evidence wasn't obtained properly, and the cops who got it could be responsible for ensuring this man receives nowhere near the punishment he deserves. Frankly, this kind of thing is necessary so that cops are punished in a way that serves as a deterrent to other law enforcement agents. That doesn't mean I don't shudder at the thought that this scum could be let go.
November 11, 2009
- Airport rules changed after Ron Paul aide detained 11-11-09
I can't imagine it would have been well received had any Congressional aide been detained like this and treated like that. But the irony that it was Ron Paul's aide—an associate of the single man in Congress who most cares about freedom and who works hardest to preserve and defend the Constitution—certainly doesn't escape me!
November 4, 2009
- Murder suspect accuses police of illegal search 11-04-09
As described, the suspect is clearly a few hot dogs short of a picnic and likely dangerous to boot. But what does that have to do with the authorities searching his apartment, apparently without his consent?
About the Fourth Amendment
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 officials posssessing "Writs of Assistance" enabling them to conduct broad-based 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.
I agree wholeheartedly with Benjamin 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." The fact of the matter is that, when you give up any of your freedoms, the terrorists win another battle in their war. And the rest of us lose.
Click here for more on the Fourth Amendment. Want to help preserve the Fourth Amendment? Educate yourself, and then take action!
