Fourth Amendment Case Study
Tuesday, April 25, 2017
Fourth Amendment Case Study:
Fourth Amendment Case Study
For this week's discussion, assume that you are a member of the US Supreme Court. Consider this case:
Police suspected a man was growing marijuana inside his home. Late at night, the police (without stepping on the suspect's property) used a heat-sensing device to determine that part of the defendant's home was substantially warmer than the other homes in the area. In the detective's experience, that kind of heat signature indicated the use of indoor "grow lights." Based on this information, the detective obtained a warrant to search the house and indeed did find an indoor marijuana-growing operation.
The defendant was convicted but has appealed claiming the use of the heat sensor without his approval and without a warrant violated his rights. He believes any evidence related to the heat sensor should have been excluded from the case (and, really, the warrant should not have been issued based on the heat sensor information).
After reading this, I decided to look and see if I could actually find anything on this case. I am not actually sure if I found the actual case itself, but I did find this:
Therefore I decided to read the information listed on the site, and learn everything about the case I did find. Relevant or not, it is in fact similar.
Both, (or if this is in fact the same case, I don’t want to misquote) whatever the case may be: are a violation of the right that we have chosen to stand behind, rights by which we are entitled and given, by our forefathers.
If we cannot honor the Constitution, and our own laws, than what good are our laws in the first place? This shows lack of respect and validity towards us, let alone one another and our own laws.
After taking all of that information in, I decided to review again, the fourth amendment and found this:
This way, I could be refreshed on that, in case I had any other questions regarding the amendment in question.
Again, a law written by our forefathers, intended to protect us.
Then, if I can, you want me to demonstrate how the above case relates to the issue of crime control versus due process models of criminal justice.
My opinion, towards the above case in question is simple. Officers in question were out to get drugs off the street, and felt they had something or someone big. And/or perhaps even a big fish, and felt that if they could catch this perpetrator and get a big lead onto something else, which in turn may lead to something or someone else. Which yes, eventually does. And yes, if we’re honest with one another, sometimes the Police do invent and create things to get things done. Even if they say, or pretend they don’t- because more often than not, it’s kept off the books, it is a lie. But it is often for the common good. However, again: yes there are also corrupt cops, even though we don’t care to admit that as well.
Now let us not forget, drugs are a big problem, for both Children and Adults. And there are a lot of competitors. And a lot of the competitors, do have police on their pay roll; also something people do tend to keep under hat. But the fact that the Police avoided a claim of due of process for this case, could have been an issue of “getting even” with a war on drugs of “competition” or anything. What we don’t ever know is the entire story. That is seriously where the problem lies.
I’m to conclude with an explanation of how I would rule in such a case:
Seriously I cannot stand drugs or drug dealers. For the longest time I wanted to be a DEA officer, but as much as I hate drugs, and drug dealers, I feel I would be more danger to them than a benefit, if that makes any sense.
However, I am a firm believer in my amendments and the fact that they were put here and for a reason. Now again, please bear with me, that I do agree that the amendments do need updated and changed and fixed in certain areas because yes- times have changed. But many of the amendments are quite reasonable, and those men in those early years knew how to respect us as people, and our rights. Fortunately, for us now, with the way the World has changed, that these were put into play. Even though, yes, as I read about this case. It does say, our times are changing, and soon, we will not be able to stand by the fourth amendment for protection. And personally I feel that is a violation of our constitutional right. We were given our rights, and by God, we need to respect one another, and those rights.