Amendment IV

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.”

The fourth amendment guarantees citizens protection from unlawful searches and seizures, or without a warrant that was issued on the basis of probable cause. This prevents law enforcement from going into homes to search and take things from homes without having gone through the appropriate channels first. This amendment creates a small ‘checks and balance’ of law enforcement. The framers wanted to protect citizens from being exploited by law enforcement and the government.

I feel that there is always room for our rights to be infringed upon because are corrupt people in positions of power who will exert their power over others (especially those who may be unable to fight for their rights) and try to get away with it. I believe the amendment holds a great amount of power in protecting people from being robbed of a fair process in criminal cases.

This video talks about how we have a right to not show police our id—depending upon which state we live in. This video talks about whether your right to lawful searches and seizures is affected by having to show a police officer if you are stopped. I wanted to include this video because I think it is difficult for people to truly know their rights, when their rights are interpreted differently depending on the state they live in. It is important to understand the fourth amendment in its entirety. Some states do not require that a civilian show an officer their id if they have done nothing wrong; an example would be New York State. According to a couple of sites on Google, if you have not committed a crime or if an officer walks up to you on the street, you do not have to show them your id. I tried to find out whether or not the state of MO required civilians to show id upon request, but I couldn’t find it and didn’t know where exactly to look. If you have not committed a crime you should not have to show an officer your id.

I appreciate this video because police officers constantly try to intimidate people, and in that time, many become afraid because they do not know or understand their rights as citizens. This video portrays the correct way to refuse a search or seizure without a warrant. Too many times people want to be disrespectful in demanding officers regard their rights, which only gets them arrested for their behavior towards officers. The man in this video remains calm, respectful, and adamant that does not, nor does he have to consent to searches without a warrant. That is what the fourth amendment provides.

In high school, I attended a party with some friends in the Raytown/Independence, MO area that is known for its prejudice and sometimes blatant, racist police. My friends and I were eighteen at the time, but the renter of the apartment was in his mid-twenties. The cops were called because of an alleged noise nuisance, although the music was not loud at all. There was also some under-age drinking (there were only two or three bottles of alcohol at the party) at the party. Once it was realized that the police were called, the alcohol was thrown away and everyone sat and waited on the police to arrive. Being that my friends and I were not intoxicated (nor was anyone at the party), when the cops arrived, we expected it to be a warning. The police came into the house, demanded everyone sit on one side of the apartment, and said that everyone would have to show their id and if it wasn’t on their person they would be taken into custody. I became enraged because my friends and I had left our purses in the trunk of my car, there was no reason to bring our purses in the house. My friends and I thought it was ludicrous to arrest twenty people because they had no id on them. The police didn’t know there was alcohol in the house and because no one acted irrationally, we all sat in disbelief as the cops talked to the adult in charge and tried to threaten us. In the end no one was arrested (of course) and it was a complete waste of time.