Bloggin' the BOR: Security Smurity

The series has taken a brief hiatus but is back with a vengeance. Today, I bring you the fouth in the Bloggin' the Bill of Rights series, the 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.

Certainly not one of the "glamour amendments," the big fourth has helped create the air of a constitutional right to privacy. That right of privacy has helped establish access to birth control, abortion on demand, and gay sex and buggery! YAY 4th Amendment! Hallowed be thy name.

In addition, the 4th Amendment has helped add significantly to crime television like CSI and Law & Order, as the fuzz has had to hit up the courts to get their warrants prior to a rough search of a suspect's nether regions.

This type of law is also responsible for my favorite legal concept -- learned from my Law & Order addiction of 1998 -- which is the "fruit from the poisonous tree." When evidence is collected without a warrant, and that evidence leads to the discover of even better evidence -- that quite likley was collected with a warrant -- it can still be thrown out of court. I know this because it's have at least 3 or 4 thousand times to Jack McCoy in the run of 15 years.

Now, in recent administrations... cough... Bush sucks... cough cough... this amendment may not be getting as much attention in the courts as say Anna Nicole Smith. The Bushies are running rough shod all over it with illegal wiretapping all in the name of the War on Terra.

This is a good amendment though. A keeper of sorts. Fight hard for it.



Previously in the series:
1st Amendment: Right for my religion to squash yours, you infidel!
2nd Amendment: Right to blow your infidel ass of the planet!
3rd Amendment: Right to be picky with whatever soldier shares your bed.