The 4th Amendment

Discussion in 'Politics & Law' started by pro2A, Dec 10, 2008.

  1. pro2A

    pro2A Hell, It's about time!

    There is always talk of the 2nd Amendment here, so lets mix it up a bit.

    The 4th Amendment of the U.S. Constitution states that:

    Do you think this Amendment is violated, or is it pretty much still respected? I would say a little bit of both personally. I think there are overzealous cops out there that push personal opinion, but if you reject a search and do not consent to seizure of property without a warrant or probable cause, I've seen cases where a judge will throw the case out.

    Thoughts?
     

  2. Merc

    Merc Certified Shitlord V.I.P. Lifetime

    It makes me think of a middle school debate, one many have probably heard.

    A teacher follows a middle school student (eighth grader) into the bathroom because she thinks that she's going in there to smoke and when she gets in there the girl is washing her hands after going to the bathroom and the teacher starts berating her with all sorts of accusatory questions about cigarettes. The girl gets angry and tells the teacher to leave her alone and the teacher grabs the girl's purse and searches through it, withdrawing a pack of cigarettes which are illegal to have on school grounds. She brought the girl to the principal who was dismissed of all punishment and the teacher was give disciplinary action because she had no reason to search the girl's purse other than a hunch because she smelled smoke in there one afternoon.

    I'd like to believe this amendment rings true but I've seen it broken a few times already in my short life. Hell, I stayed at a close friend of mine's house overnight and in the morning, I awoke to the sounds of a doorbell. I remembered my friend's doorbell hadn't worked in years and no one was in the house as my friend had to leave early but would be returning soon. I saw a police officer walking to his car as I rushed to change out of my pajamas after being awakened and looked out the window. When my friend's mom came back, I let her know and the only conclusion we could come to was that the cop had walked into the house unwarranted because the only way I could have heard doorbells is if he walked past and bumped into the chimes on the wall in the living room hallway. No one else was home, neither were my friend's two dogs.

    So yeah, there are some dick cops out there and they are far from educated or they're just full of themselves.
     
  3. AnitaKnapp

    AnitaKnapp It's not me, it's you. V.I.P. Lifetime

    I think you're completely wrong. The amendment clearly states that this is a state right, and not a right of the people.
     
  4. pro2A

    pro2A Hell, It's about time!

    :lol::lol::lol:

    That actually gave me a good laugh.
     
  5. Merc

    Merc Certified Shitlord V.I.P. Lifetime

    I hope your joking. The first five words of the amendment proves you dead wrong, Anita. It's an amendment protecting the people from unwarranted search and seizure.
     
  6. pro2A

    pro2A Hell, It's about time!

    Sarcasm - 1.a mode of satirical wit depending for its effect on bitter, caustic, and often ironic language that is usually directed against an individual
     
  7. AnitaKnapp

    AnitaKnapp It's not me, it's you. V.I.P. Lifetime

    In all seriousness, I believe it to be respected...but then again, I've never personally witnessed it being violated.


    *edited

    Yes Constantine, I was joking. You'd have to see some of the arguments on the 2nd amendment on here to get it. :)
     
    Last edited: Dec 10, 2008
  8. micfranklin

    micfranklin Eviscerator

    As long as the Patriot Act is in effect there's no way you can respect the 4th Amendment, that's my view in short.
     
  9. Kazmarov

    Kazmarov For a Free Scotland

    If we observe the wording, it is quite obvious that a warrant is the only instrument by which searches and seizures can be carried out, so the US policy of warrantless wiretapping constitutes an unreasonable search, via Katz v. United States (1967).
     
  10. Stab-o-Matic5000

    Stab-o-Matic5000 Cutting Edge in Murder

    I have friends who have had their cars searched without a warrant before. Unfortunately, refusing to be searched is a kind of catch-22, where the police officer will just turn around and say that the fact that you refused makes it "probable cause". There's that old "If you have nothing to hide, then you have nothing to fear" mentality at work again.

     

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