Sunday, August 29, 2010

Amendment 4

Amendment 4: The right of the people to be secure in their persons, houses, papers, and effects.


Source: The US Supreme Court Limits Police Searches of Vehicle. Commentary on Arizona v. Gant, 07-542 By Earth Erowid. April 30 2009 http://www.erowid.org/freedom/courts/supreme/supreme_case7_comment1.shtml



Constitutional Connection:

4th amendment states that the right of the people is 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.



Explanation of connection:



The U.S Supreme Court decided to add a new limit to how police can search drivers and passenger compartments of vehicles. This ruling only let police, with a warrant to search a vehicle and only arrest some of the car passengers, but not all of them who were occupy in the vehicle. Arizona v. Gant changes the whole concept of the 4th amendment, in which police can search cars, that was leading to a crime or for the crime. It also overruled the court ruling in the New York v. Belton case, in which they ruled that police had the right to look inside a suspect car without a warrant.

I believe that taking these rights from police will cause more drug trafficking, and criminals getting away than ever. And since they only arresting some of the occupants, some of them will get away with things they did. What do you think about this situation about taking some rights of police searching cars without a warrant if they were link to a crime?

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