How Do You Eat Our 4th Amendment Rights?

How do you eat our 4th amendment rights: one bite at a time. However in the case of the judiciary (Indiana and the US Supreme Court), bites have been replaced by gluttony. Two articles outlining the violation of the 4th amendment were written in the past week:

The 4th amendment:

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.

Now the Supreme Court has ruled that search warrants are not necessary under certain conditions:

Search Allowed if Police Hear Evidence Being Destroyed

WASHINGTON — The police do not need a warrant to enter a home if they smell burning marijuana, knock loudly, announce themselves and hear what they think is the sound of evidence being destroyed, the Supreme Court ruled on Monday in an 8-to-1 decision.

The issue as framed by the majority was a narrow one. It assumed there was good reason to think evidence was being destroyed, and asked only whether the conduct of the police had impermissibly caused the destruction.

Justice Samuel A. Alito Jr., writing for the majority, said police officers do not violate the Fourth Amendment’s ban on unreasonable searches by kicking down a door after the occupants of an apartment react to hearing that officers are there by seeming to destroy evidence.


Can you see the trend? What is the sound of evidence being destroyed? A toilet flushing comes to mind but whether or not a toilet was flushed, who would be able to dispute the law enforcement officer’s testimony in court. The Supreme Court has again flushed the Constitution as previously outlined in an article concerning health care. If the Supreme Court and Congress have abandoned the Constitution, is there a United States?


David DeGerolamo

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