Hello fellow Bloggers!
This is the fourth of eleven installments of:
"How to Be A Real American"
That's right, we are discussing Our Bill of Rights (YOUR RIGHTS!).
Amendment 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.
We are all pretty familiar with this one but how many of us have been directly affected by this amendment? Have you or do you know of someone who has been searched without a warrant? On TV I see police ask someone if they can come inside and look around. When the owner says no, they make him stand there until they get a warrant. I never understood this. If they didn't have a reason to search him, and the owner says no, then how can police get a warrant anyway. I mean, why ask if you are just going to over-ride the person's right not to be searched?
From Wikipedia:
Not all seizures of the person must be justified by the probable cause standard required for arrests. Certain seizures are justifiable under the Fourth Amendment if there is reasonable suspicion, supported by specific and articulable facts, that a person has committed or is about to commit a crime. [25] Note that this circumstance is different than the non-seizure police questioning discussed above, in these situations, the person stopped is not free to leave. A "Terry Stop" must be temporary and questioning must be limited to the purpose of the stop (i.e., if the policeman stopped you because he had reasonable suspicion to believe that you were driving a stolen car, after confirming that it is not stolen, he cannot force you to answer questions about anything else, such as the possession of contraband.)[33] In justifying the particular intrusion the police officer must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant the intrusion.
Here again I have seen "Cops" type shows where the driver is asked, "Are there any weapons or anything in the car I should know about?" The driver says, "no". The officer says, "May I look in the car?". The driver says, "no.". The officer waits for a warrant then does a search anyway.
Is this a legal search?
Do you know of a case where people's property has been searched or seized without due cause?
Do you feel this amendment is abused or do you feel safe in your privacy?
| Member Comments | Total Comments: 27 |
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truthwillsetyoufree
Feb 17, 2008 | 8:46 AM |
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ADeltonian
Feb 17, 2008 | 10:01 AM |
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DaytonaFrank
Feb 17, 2008 | 7:40 PM |
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Gammies61
Feb 19, 2008 | 12:14 PM |
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Gammies61
Feb 19, 2008 | 12:15 PM |
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Gammies61
Feb 19, 2008 | 12:32 PM |
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northton
Feb 19, 2008 | 7:29 PM |
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Gammies61
Feb 20, 2008 | 12:41 PM |
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DaytonaFrank
Feb 20, 2008 | 8:27 PM |
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DaytonaFrank
Feb 20, 2008 | 8:29 PM |
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Meb452m
Feb 20, 2008 | 10:08 PM |
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northton
Feb 21, 2008 | 8:22 AM |
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Gammies61
Feb 21, 2008 | 9:06 AM |
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DaytonaFrank
Feb 21, 2008 | 8:38 PM |
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DaytonaFrank
Feb 21, 2008 | 8:51 PM |
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DaytonaFrank
Feb 21, 2008 | 8:54 PM |
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DaytonaFrank
Feb 21, 2008 | 8:59 PM |
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Meb452m
Feb 21, 2008 | 10:59 PM |
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Meb452m
Feb 21, 2008 | 11:17 PM |
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northton
Feb 22, 2008 | 7:48 AM |
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northton
Feb 22, 2008 | 7:49 AM |
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Gammies61
Feb 22, 2008 | 4:07 PM |
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DaytonaFrank
Feb 22, 2008 | 9:13 PM |
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Meb452m
Feb 22, 2008 | 10:08 PM |
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DaytonaFrank
Feb 23, 2008 | 7:51 PM |
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northton
Feb 24, 2008 | 8:04 PM |
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Gammies61
Feb 27, 2008 | 10:01 AM |
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I like sharing ideas and ideals in an open forum. I may not like what you have to say but you can still say it here. I try to be fair. I'll often admit that the positions I support have flaws. I detest bloggers who always base their opinions on their political party's rhetoric and never have an original thought. I am neither a Republican or a Democrat. I vote for whoever I think will do the best job of running things. I may be wrong but at least I think with my own brain. I am looking forward to seeing an open debate between Obama and McCain. I think Obama will whip McCain so badly that you wouldn't believe it. I think Rush Limbaugh is the biggest and most dishonest jerk that ever lived. John "New Orleans Deserved It" Hagee is somewhere right alongside him. If you like Limbaugh or Hagee then you're ignorant and you suck. Whatever you think, join the blog! Come and debate! Let the politicians know what the public really thinks on an open forum like mine where free speech cannot be denied!
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