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Posted by | December 29, 2014 | Criminal Defense, Drug Crimes, DUI | No Comments
DUI

The 4th Amendment-Illegal Search & Seizures

On September 25, 1789 the First Congress of the United States proposed 12 amendments to the Constitution. On December 15, 1791 10 amendments were ratified and constitute the first 10 amendments, or the Bill of Rights.
The 4th Amendment to the US Constitution protects against unwarranted searches and seizures. It 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 affirmations, and particularly describing the place to be searched, and the persons or things to be seized.

This amendment protects against arbitrary arrest, and is the basis of laws regarding search warrants, being stopped and frisked, and even wires taps and other forms of surveillance; as well as other privacy laws. It was originally thought of as the notion that ‘each man’s home is his castle’ and protected him and his information while in the home, but today it is also expanded upon to protect a person’s privacy even while in public.
There are arguments for and against the idea that the US Constitution is a ‘living and breathing’ document. The proponents for this idea believe that the US Constitution needs to be interpreted in the modern societal text, while the opponents believe that it is a distinct set of rights that is the cornerstone of our society and shouldn’t continually be changed.
According to West’s Florida Practice Series TM, in order for a search to fall within the coverage of the Fourth Amendment, “a governmental search must either intrude upon an individual’s ‘reasonable expectation of privacy’ or amount to trespass upon an individual’s person, house, papers, or effects in an attempt to find something or obtain information’.
It is the reasonable expectation of privacy that the Court handed down a landmark decision in Katz v. United States in 1967 that the Fourth Amendments protects people, not places. Katz was accused of placing bets and receiving wagering information by telephone, he used a public telephone booth to make interstate wages. FBI agents placed a wiretap outside of the telephone booth and could hear his side of the conversations. Katz argued that this violated his rights because he had the reasonable expectation of privacy, even while in public. It is a value judgment ‘as to the extent to which a free and open society will permit governmental intrusion upon personal privacy in order to facilitate other societal objectives such as effective enforcement of criminal laws’.

Justice Stewart’s assessment was that the Fourth Amendment “protects people, not places” shows the fine line that is walked by law enforcement daily.
Moving forward to 2014, but still using the same example of obtaining information from telephones, Riley, in Riley v. California, was stopped on a traffic violation. While searching him incident to the arrest, the police officer seized a cell phone from his pants pocket and eventually accessed photos and videos that seemed to be in connection with a shooting that occurred weeks earlier. Riley’s motion to suppress was denied. This was eventually reversed when it was decided that police generally may not, without a warrant, search digital information on a cell phone seized from an individual who has been arrested.
With ever-changing technology, the laws are constantly being revised to take this into account. No one should have to attempt to maneuver the court systems alone. Hiring a top criminal defense attorney such as The Law Offices of Travis Koon is in the best interest of the charged individual. We will fight for the rights of our clients.

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