Fourth amendment clarification?
FOURTH AMENDMENT [U.S. Constitution] – ‘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.’
Were the property owner’s rights infringed upon?
And secondly, "persons, houses, papers, and effects" What does effects mean in this context? Is land that you own included in "houses"?
June 5th, 2010 at 7:04 pm
Person – you
Houses – your property
Papers and effects – identification and property on the person
I don’t know about this case personally; but if something illegal is in "plain sight", they do not need a warrant. I don’t know what this lady saw, or think she saw. The video does not go into detail. If she’s speculating due to odd behavior of the property owner, then I would gather she would need more proof, and get a warrant.
IMO, health inspectors not needing a warrant is rubbish. That leaves the door open for law enforcement to bring a health inspector along just to get a look-see. A warrant is easy enough to get, if they really think the situation ‘warrants’ one.
June 5th, 2010 at 7:04 pm
The Government threw out the 4th Amendment long ago, actually I should say "WE" let it slip away.
June 5th, 2010 at 7:04 pm
Yes, owners rights have been infringed upon. Back then, a ruling governor could just take the land a give it to the military, without just compensation.
Persons, property, papers and effects means that the government can not just cease a person or property without a warrant that shows cause. It used to be that a person could be arrested with out charge, and his valuables taken.
June 5th, 2010 at 7:04 pm
His rights were clearly violated by the woman with the health department, while the sheriff did nothing to stop her. The government is clearly out of control.