Friday, September 17, 2010

Entry 7: 4th Amendment

http://www.youtube.com/watch?v=meGJ0Wiou3U

http://caselaw.findlaw.com/us-5th-circuit/1215043.html

     In the following incident, the man is currently being harassed by the police officer because they believe that he is not a United States citizen. The man, said before in the pre-screening that he has been through this process before, and decided to be prepared by placing cameras in his car. The man also was very direct with his answers and followed the directions given to him by the officers. He did ask, why was he being held in custody if he did not commit any crime. He clearly expressed his rights given to him by the fourth amendment, because he was unwilling to let the police to search the car without a search warrant.
    The fourth amendment 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.". The fourth amendment is pretty much giving the man in this situation the ability to refuse for the police to search his car, as well as his arrest being for an unexplainable cause. The police in the video were also proving a case in the Supreme Court called US. vs MACHUCA BARRERA, where as Machuca and Barrera were searched without a warrant and also were arrested for no apparent reason. The Bill of Rights made this amendment for an apparent reason. They created this amendment for people to be independent and for them to know their rights as American citizens.
   In my opinion the fourth amendment is essential as any other amendment because it serves as a badge of independence for Americans. The fourth amendment shows that we can stand up to those who are law enforcement if they do not have a reason for arresting someone. This is essential because they can lead to more cases like Machuca barrera vs US., which are cases that help develop these laws more and more. More cases just help in enforcing the law in every aspect and detail, thus creating a better life for Americans.

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