Criminal Justice

Constitutional Protection Against Unreasonable Searches and Seizures

Constitutional Protection Against Unreasonable Searches and Seizures

The Fourth Amendment states, "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." [1]

Reasonable searches and seizures are allowed; it’s only unreasonable ones that are unconstitutional. [2] Examples I feel are unreasonable searches and seizures are searching homes without consent or a warrant, certain DUI checkpoints, and wiretapping.

Earlier this year in Atlanta, Georgia, a 92-year-old woman was shot and killed by police. This lady lived in a drug-infested neighborhood. The police were informed that drugs were being sold out of her home. One evening, the police arrived at the home and literally kicked the door in. The woman, fearing for her life and thinking someone was breaking into her home, began to shoot at the officers. The officers fired back and shot the elderly lady 5 times. After the incident, the informant stated to police, he gave them the wrong house. The police state they had exigent circumstances and probable cause to search the home. I feel this was a violation of the elderly lady’s 4th Amendment. Had the police knocked on the door and questioned the lady, she would be alive today.

I can also remember when I was 6 years old and my cousin came to my hometown for a visit. My cousin was a known drug dealer in our area. One night the police knocked on our door and just walked in our house without a warrant asking for my cousin. When my father stated my cousin was not in the house, the police proceed to walk through our house. They kicked in my bedroom door where I was asleep. When I sat up in my bed, one officer had his gun drawn facing me. I felt that my family’s rights were violated. The police left our house and didn’t apologize for being rude and not believing us.

Another example of unreasonable search and seizure would be DUI checkpoints. DUI checkpoints force drivers to stop and talk with a deputy, who asks them if they've consumed alcohol or taken drugs. Depending on the driver's answer, the deputy will inspect the driver for bloodshot eyes, alcohol-tinged breath and other telltale signs of impairment.

How effective those procedures are, and to what degree critics say they constitute an unreasonable search and seizure, is up for debate.

Lastly, unwarranted wiretapping, in my opinion, is a serious