02-05-2011, 12:56 PM #1Former Member
- Join Date
- Sep 2008
Search Warrants & the 4th amendment
"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 protection against "unreasonable searches and seizures" was adopted as a protection against the widespread invasions of privacy experienced by American colonists at the hands of the British Government. So-called "writs of assistance" gave royal officers broad discretion to conduct searches of the homes of private citizens, primarily as a way of discovering violations of strict British customs laws. This practice led to a unique awareness among our Founding Fathers of the threat to individual liberty and privacy that is created by unchecked government search powers.
Today, the Fourth Amendment has lost its preferred status among our cherished Bill of Rights Protections. In recent decades, growing concerns regarding crime and public safety in America have forced our Courts to sacrifice the privacy rights contained in the Constitution with the ever-expanding demands of law-enforcement interest. The Supreme Court's rulings in Fourth Amendment cases demonstrate the challenge involved in reconciling these competing ideals.
Ultimately, the Constitution's prohibition against unreasonable searches and seizures has been stripped in recent years and tailored to suit the needs of modern law enforcement as we wage wars against drugs and terrorism. For this reason, it is important for conscientious citizens to be familiar with the lawful parameters of police authority to conduct searches, as well as the legal doctrines by which that authority is limited.<snipped>
05-21-2011, 12:35 PM #2
I would like to see some constitutional changes made to restrict and monitor the lives of those out of the court system, so that constitutional challenges can be modified. Most of us, for instance, are uncomfortable with the idea of registered sex offenders having the full breadth of constitutional protections. For instance, we need the ability to enter their residence at any time to determine illicit activities, to monitor computers and other usage, vehicle GPS tracking history, and other information that normal citizens shouldn't have to give up.
Perhaps legislation can be created that would introduce constitutional changes to the state constitutions that would accomplish the above. I doubt that a change to the US Constitution could be done in an effective manner, but certainly, we can start by actually removing rights of sex offenders.Registered Sex Offenders need to be monitored 24/7.