We have been covering the US Constitution line by line. When Republicans wave their paper props and parrot their vile machinations, we will be prepared to expose the lies. We have finished the main body of the Constitution. Now we continue the Amendments. You can find the last article on the main body of the Constitution here. It has links to all the others. The text comes from The US Constitution. Previous articles in the Amendment series:
Article I
Articles II and III
Article [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.
The meaning of this Amendment is clear, and forms part of the basis of our right to privacy.
Sadly this Amendment had also been gutted. If police officers falsely claim that they have probable cause, they search without a warrant. For example, when Nixon was President, I was driving in New Mexico toward Las Cruces from El Paso, TX. It was a business trip and my van contained carpet samples and carpet handling equipment. A highway patrol unit pulled me over. They asked if I had been in Mexico. I told them I had not. The asked if I was smuggling drugs. I said No. They asked for permission to search my van. I said no. One officer turned to the other: “Is that marijuana I smell?” “It smells like it to me!” said the other in mock exaggeration. They cuffed me, put me in the back of their car and proceeded to search the van. They found nothing. I had no pot. They let me out, removed the cuffs, and left me with my completely unloaded van on the highway, without so much as an apology.
Such illegal searches happen in this country every day, because the right-wing Supreme Court keeps upholding such unconstitutional searches as legal, when they clearly are not.
But my experience is nothing compared to the massive invasion of our privacy by GW Bush and his illegal wiretapping on telephone conversations, email, and other Internet traffic of virtually all Americans.
We need to restore this essential part of our civil rights. Republicans want to further limit this right.
I shall try to put up a new article in this series almost every day. It will take some time to cover it all, but when we’re done, we shall be immune to the lies with which Republicans seek to undermine our freedoms.
15 Responses to “Constitutional Amendments: Article IV”
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When they ask me I tell them sure but secure a warrant first. I will wait right there while they get it.I also let them know that I have current lab work done that will prove I have no illegal substances in my system. It never stops them but it does make them pause when I say I have already sued one officer for illegal search and won.(true) I keep nothing but cigarettes on my seat nothing visible for them to use as an excuse. Pf course though I am white so it doesn’t happen to me anywhere near as often as it does my neighbors.
Mark, I have no doubt that is true.
I love that you’re doing this….
Thanks Manny! Welcome back!
Never have been asked to be searched, but then I’m white, blond and cute.
You are?!!?
😉
I love the comment you always get when you complain about violations of this amendment. You get,
“If you are not doing any thing wrong, why should it bother you?”
As if following the law means that it is OK for others to violate your rights.
Idiots!
Excellent point Jerry. The right exists to protect people from such harassment, without cause.
These so called “judgment calls” by police and other authorities must be stopped. A lot of that responsibility lies with judges. They are the ones who give authority. They are the ones who can tighten “probale cause” explinations. The case you cite can only be stopped after the fact. Citizens need to press charges, and not just let it go. That is a problem. Few want to get into a legal argument with the authorities.
Tom, judges can be a problem, but many of the judgement calls have worked their way through the appeals courts and been rubber stamped.
Geeez TC I’m having trouble commenting anywhere.. I hope this comes through as it will be my third attempt.
I’ll be short..Bush did all that crap of wire tapping and such…Why is Obama continuing this bad practice.
Tim, if it’s everywhere, it’s probably your internet conmnection. Dump all cookies and reboot the computer.
The Bush Administration’s destruction of the Fourth Amendment infuriates me; but not as much as Obama’s embrace of “state secrets” to uphold that destruction.
Dave, this one is a little touchy. DOJ is supposed to function in a nonpartisan manner, even though it’s top political appointees are Democrats. It has the duty to present arguments to uphold present law, whether or not the current administration supports the law. “State secrets” is the only viable argument to support laws passed under Bush. As long as they remain laws, DOJ is just doing their job. The solution rests not with Obama, but with Congress. They need to repeal the laws.
Yes, but Obama’s not exactly prodding Congress to reform those laws anymore. I know the institutionalization of bad laws is not easy to reverse, but there’s little leadership in that area. “Sate secrets” is being used as an excuse to ignore court decisons. This is what burns me.