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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 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. It was not uncommon for police officers to be held personally liable for trespass when they wrongfully invaded a citizen's home. No warrant, no arrest
Date published: 12/8/2005
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