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Robert in Ohio

The Fourth Amendment

  
By:  Robert in Ohio  •  life choices  •  one month ago  •  13 comments

The Fourth Amendment
It is better, so the Fourth Amendment teaches us, that the guilty sometimes go free than the citizens be subject to easy arrest. William O. Douglas

The Fourth 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.

No Knock Warrants, The Patriot Act, Stop and Frisk, Pinging Cell Phones, FISA Warrants, Profiling ....

There are so many controversial aspects and implications of when and how the 4th Amendment is or is nor applicable to a situation.

I grew up in Appalachia and we were told "If you have nothing to hide, you have nothing to fear" probably not true then and likely even more untrue in modern times.

What is "reasonable cause"?  

I doubt that we will be able to answer all or even any of these questions to the satisfaction, but I look forward to the discussion

Some interesting quotes - 

The makers of our Constitution . . . conferred, as against the government, the right to be let alone - the most comprehensive of rights and the right most valued by civilized men.
Louis D. Brandeis

Asking questions is an essential part of police investigation. In the ordinary sense a police officer is free to ask a person for identification without implicating the Fourth Amendment.
Anthony Kennedy

As we live in a time of quickly escalating crime rates in our largest cities, pressures to reduce the size and scope of policing organizations and a populace that wants safety and security maintained we seem to be at a crossroad.

Where do we go and how does the 4th amendment help or hinder the path to safety and security for individuals and the cities as a whole?

Red Box Rules

This article is not about Trump or Biden

This article is not about the 2016 or 2020 or the 2024 election

This article is not about MAGA, or the ultra-left

This article is about the 4rd Amendment extraneous and off topic comments will be deleted


 

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Robert in Ohio
Professor Guide
1  author  Robert in Ohio    one month ago

While the machinery of law enforcement and indeed the nature of crime itself have changed dramatically since the Fourth Amendment became part of the Nation's fundamental law in 1791, what the Framers understood then remains true today - that the task of combating crime and convicting the guilty will in every era seem of such critical and pressing concern that we may be lured by the temptations of expediency into forsaking our commitment to protecting individual liberty and privacy.

William J. Brennan

 
 
 
Greg Jones
Professor Participates
2  Greg Jones    one month ago

It appears to me from recent events that the left has increasingly started to abandon the concept of presumption of innocence and due process.

[Deleted]

 
 
 
Texan1211
Professor Principal
2.1  Texan1211  replied to  Greg Jones @2    one month ago

[Deleted]

 
 
 
Tessylo
Professor Principal
2.2  Tessylo  replied to  Greg Jones @2    one month ago

[Deleted]

 
 
 
Tessylo
Professor Principal
2.2.1  Tessylo  replied to  Tessylo @2.2    one month ago

[Deleted]

 
 
 
TᵢG
Professor Principal
2.3  TᵢG  replied to  Greg Jones @2    one month ago

(deleted)

 
 
 
Greg Jones
Professor Participates
2.3.1  Greg Jones  replied to  TᵢG @2.3    one month ago

[Deleted]

 
 
 
Drinker of the Wry
Junior Expert
3  Drinker of the Wry    one month ago

As we move towards a surveillance society and the technology for unmanned systems improve, it will be interesting to see where the courts draw the boundaries. 

 
 
 
Robert in Ohio
Professor Guide
3.1  author  Robert in Ohio  replied to  Drinker of the Wry @3    one month ago

DotW

An excellent point, the more technology advances the less "privacy" there will really be in my view.

 
 
 
Robert in Ohio
Professor Guide
4  author  Robert in Ohio    one month ago

Well virtually no one has wanted to discuss the 4th Amendment, so I will close until tomorrow.

 
 
 
devangelical
Professor Principal
4.1  devangelical  replied to  Robert in Ohio @4    one month ago

[Deleted]

 
 
 
JohnRussell
Professor Principal
5  JohnRussell    one month ago

On to the fifth !  It could be a trendy topic . 

 
 
 
Robert in Ohio
Professor Guide
5.1  author  Robert in Ohio  replied to  JohnRussell @5    one month ago

John

It certainly could not be any worse.