Fourth Amendment

1)      Source: The 4th Amendment: Is privacy ever assured? Denise Callahan - Oct 2007 http://www.legalzoom.com/us-law/privacy/4th-amendment-is-privacy

2)      Constitutional Connection: Amendment 4 - Search and Seizure.

“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.”

3) Explanation of Connection: The Fourth amendment gives citizens privacy. On one night, it was very obvious that a couple was doing sexual activities in the bathroom of a convenience store. When the police showed up the couple wouldn’t open the door. At one point, the police opened the door from the outside but one partner jus relocked it.  The police finally was inside, but only to see one partner missing. Inside the stall, they also found marijuana and cocaine. The defendant wanted to argue that they couldn’t use this evidence against him because he had a right to his fourth amendment. When it came down to it all, the decided that he violated his own fourth amendment when he brought the female with him and that his purpose for going in the stall was not the purpose it was designed for.

The constitution is ensures the privacy of the citizens. It also states that the police must have warrants if the are searching for something.  This amendment expresses the importance of privacy. The defendant was in some what privacy of the stall but the police took evidence they found and tried to use it against him. This example shows how the police took evidence and tried to use it against the defendant, while doing an illegal search without a warrant.

              I think that this was a very constitutional case. I believe that the defendant did violate his own rights. He gave up his privacy when he had the young lady accompany him. He did not use the stall for what it was designed for. Either way it goes, if there was a warrant or not, he should have been given some consequences, which he was. I think that not many people pay attention to the fourth amendment. The police are given too much power on this situation in my opinion, and if it continues it won’t be long until the fourth amendment means nothing.