This post continues my Bill of Rights series. This time I address the fourth amendment. It is displayed below.
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.
This amendment speaks directly to the idea that no one shall have their rights to life and property violated without fair due process. First, lets summarize it in some more easily understood language. “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated” means that no one (including anyone acting on behalf of law enforcement or government) shall be allowed to search or take your property, or detain you, without sufficient evidence that a crime has been committed (“and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation”). Any warrant issued for such action must be explicit about where will be searched, and/or what and/or who will be taken/detained (“and particularly describing the place to be searched, and the persons or things to be seized.”).
This means that no one in the United States is ever required to allow law enforcement or government officials on to their property, or to search their person or vehicle, without first being provided with a written warrant, signed by a judge, giving explicit details about what is to be searched, and what or who shall be detained. It also means that no law enforcement or government official can require you to give them any materials, including licenses, documentation, identification, etc. without a warrant explicitly dictating what you must provide.
So, if you are ever stopped by a police officer, or one ever comes to your property, you have the Fourth Amendment Right to:
- refuse to allow them to search you or your property,
- refuse to provide any license, identification or documentation,
- refuse to be detained
until such time as they show a warrant clearly identifying what and or who is to be searched or seized, and what crime they are investigating.
Logical Liberty 