Government can violate our 4th Amendment?

To start things off I would just like to point out that I am a Sophomore in high school, so if anything seems a but off I am sorry, and if you could just tell me that would be great. Alright, on with the show!

So I recently found out that the government can violate our 4th amendment right. As I’m pretty sure you know the fourth amendment talks about people being secure in their homes and their property and that government needs to have a warrant to search you (Unless of course you are at school or work depending upon where you work). As I was looking over some supreme court cases though, I saw one named Utah vs Strieff where a police officer pulled over Strieff suspecting him of unlawful activity . In the process of investigating him, the officer found out that Strieff had multiple warrants against him and then arrested him. (https://www.oyez.org/cases/2015/14-1373)

This was already proven to be against the fourth amendment in Mapp vs Ohio though. Personally I find this to be a direct violation of our fourth amendment. What do you guys think? Comment below and we can chat.

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2 thoughts on “Government can violate our 4th Amendment?

  1. First off, congratulations on being in high school and being curious enough to discuss things like this and do your research! (Seriously, that seems more and more uncommon.)

    On that particular case I would PERSONALLY leave things as they are. Whats done is done and we cannot change the past. If we do it for him we must be fair and do it for all such cases which will result in a ridiculous amount of courtroom backlog and unnecessary expense.

    The problem with the 4th Amendment is that it is seldom looked at as a whole, instead being looked at as only a part.

    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.”

    In my personal experience and resultant of my own reading, too many people (officers, officials, federal agents, etc.) look at and consider only the first sentence in practice. A common example is the search of personal vehicles. I’ve heard and read about countless situations where an officer searched (or attempted to) a personal vehicle without any sort of warrant, instead doing so simply because the person detained (or their vehicle) “looked suspicious,” proceeding then to search the vehicle and person thoroughly whilst not describing in any sort of specificity what exactly they were looking for nor the area to be searched.

    When it comes down to it, anything can be argued as ‘reasonable’ dependent only upon personal perspective of a situation as well as conditional evidence. If I were a police officer I could easily pull you over and search your vehicle, claiming all the while you looked suspicious TO ME. Nobody could argue that point, but that doesn’t mean it is right.

    Ben Franklin said, “Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety..” and I cannot agree more. If we give the government the right to search and seize our neighbors homes under the assumption of some terror group, anarchist faction, or illegal and immoral actions we may think we are doing well. However in our act towards safety we have sacrificed our liberty, giving said government equal rights to treat us just the same, be there evidence or not to support their claim.

    Thanks for the thoughts. 🙂

    Liked by 1 person

    1. I compleatly understand what you are saying. One thing that I have noticed though, is that it seems the police oficers and oher government officals don’t seem to learn the amendments that they are supposed to protect. The amendments are here to protect us from the government, but is it actually doing it’s job? Another thing, is that it also depends upon the officer. Most of what the media puts out there is all of the “bad cops” but we don’t seem to see much of the ones who are following the amendments. Thank you for your feedback 😀

      Like

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