Armed federal agents seize Elian Gonzalez from the home of his Miami relatives before dawn. Home 'invasions' are scary enough even when executed by warrant. ALAN DIAZ/ASSOCIATED PRESS

The Fourth Amendment keeps the police out of your house without good reason. But is it being adjudicated away?

Date published: 12/8/2005

CHARLOTTESVILLE--Around 9:40 one night, Estelle New- comb's otherwise quiet evening was interrupted by the unexpected crash of her door being kicked in. Local drug investigators stormed into her quaint Virginia home while Newcomb was busy working on her computer. They drew their weapons and began screaming at the 50-year-old to get down on her hands and knees.

Not knowing who had just barged into her home or why they were there, she was frightened into compliance. It was only after one of the officers recognized Newcomb from the community that the raid unit realized they had mistaken her house for that of a drug smuggler.

While the homeowner fortunately escaped physical injury, her sense of security and privacy was shattered.

Sadly, Estelle Newcomb's story is not uncommon. There are many such devastating occurrences that strike at the very core of our constitutional freedoms. Modern police surveillance is more invasive than ever. Laws are passed granting the government unfettered access into the most private matters of our lives.

Meanwhile, late-breaking news floods our TV screens, reporting the most recent episodes of police brutality.

Yet despite all these signs, many fail to recognize that the most important protection of our constitutional liberties--the Fourth Amendment--is crumbling.

The Fourth Amendment guarantees that we are to be free from unreasonable searches or seizures by the government. And while many continue to hear such legal phrases, the rights themselves have suffered extreme diminishment over time.

In fact, two very different versions of the Fourth Amendment seem to exist: the original, which guaranteed personal privacy and freedom, and today's abused rule of law, littered with countless judicial exceptions.

Our Founding Fathers, who drafted the Bill of Rights, were deeply concerned about preserving personal liberty and property rights. Indeed, many considered freedom in one's home the most essential liberty. They really did believe that a man's home is his castle.

The Framers believed that property and privacy rights were paramount--even over public safety. In early America, citizens were considered equals with law-enforcement officials. The authorities were almost never permitted to enter one's home without permission, or violate a domicile in a deceitful manner.

It was not uncommon for police officers to be held personally liable for trespass when they wrongfully invaded a citizen's home.

Also, unlike their modern-day counterparts, early Americans could resist arrest when a police officer tried to restrain them without a proper justification or warrant--which the citizen had a right to read before being taken to jail.

This clear demand for a right to privacy was not a result of simpler times. As we do, early Americans dealt with problems such as petty thievery, murder, and attacks by foreign enemies. The demand for privacy stemmed from a harbored suspicion of law-enforcement officials and the unbridled discretion they could abuse.

The Bill of Rights puts you--the individual citizen--in the U.S.Constitution, and spells out liberties that no government official can revoke. Through Bill of Rights Day, Dec. 15, we will offer commentaries on the first 10 amendments that make up the bill. --The Editors Sunday, Dec. 4: Amendment I--freedom of expression. Tuesday, Dec. 6: Amendment 2--bearing arms Wednesday, Dec. 7: Amendment 3--quartering soldiers. Today: Amendment 4--search and seizure. Friday, Dec. 9: Amendment 5--property rights and double jeopardy. Saturday, Dec. 10: Amendment 6--criminal rights. Sunday, Dec. 11: Amendment 7--jury trial. Tuesday, Dec. 13: Amendment 8--excessive fines; cruel and unusual punishment. Wednesday, Dec. 14: Amendment 9--unenumerated rights. Thursday, Dec. 15, Bill of Rights Day: Amendment 10--states' rights. Friday, Dec. 16: Amending the Constitution.

Date published: 12/8/2005