Amendment IV to the Constitution of the United States

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.

When you consider that the above paragraph was written over two hundred years ago, and that it has stood unchanged for that long as a standard of liberty, one has to be impressed. The more I learn about law the more I am amazed that the Constitution has held up so well in a society that has undergone some pretty serious upheavals. I am no lawyer, so I am only now beginning to understand the significance of case law and precedents--it's how the Constitution has stood the test of time so well. It has a flexibility built into it according to the present social climate.

But that's not the point I wanted to make in this entry. Again, as I said, I'm not a lawyer, and I'm certainly not an expert in consitutional law. However, I'm a law enforcement officer, and more importantly I'm a US citizen, and I'm realizing more and more that it's essential for every citizen (and non-citizen residents of the US) to know and understand their rights under the constitution. The title on this entry was part of an email sent to me by a good friend, and it's the absolute truth: If you don't know your rights, you don't have any.

And of course, the Fourth Amendment is a perfect example (especially since it's the one I deal with the most in my line of work.) I think that the rights in this amendment are the one people misunderstand the most. First off, I want to point out that The Fourth Amendment Applies To Everyone!!!!!! No, I cannot go bust into your neighbor's house because you think they are selling drugs. No, I can't go into your ex-girlfriend's van because you Know that your stereo is in there. Everyone has the rights against unreasonable searches and seizures, not just the "good guys." It's a very important protection, and one that is fairly unique to the US. Not many other countries afford their citizens and residents those rights.

And secondly, it's important that you know your rights--and not just the fourth amendment, but all of them. But getting back to the 4th, I will give an example from the class I attended last week. We were in the search and seizure portion of the class, and there was a question posed to the instructor concerning consent searches of vehicles, i.e. when you stop a vehicle on a traffic stop, and the officer asks the driver whether it is okay for the officer to search the vehicle. The question was, "When you ask for consent to search, do you have to tell them that they have the right to refuse consent?" The instructor replied, "No. If they don't know their rights, shame on them."

Case law has supported this. With rights come responsibilities, and one responsibilty is to know your rights and responsibilities.

Okay, on to much less heavy subjects. The repairman came today for the fridge, and it was determined that some sort of mouse or rat or other rodent had chewed partially through the power cord. Nice easy fix, and tomorrow I will go buy rattraps. I also received a rather pleasant surprise: When I called to schedule to service I inquired about being reimbursed for my spoiled food, and I was given a phone number. I called said number (some sort of electronic insurance company) told them my situation and that I was still under warranty. The woman asked how much food I'd lost and I told her approximately a hundred dollars worth. About a minute later, after being put on hold briefly, she said, "Okay, we'll send you a hundred dollar check tomorrow."

Way cool. Literally!