If the Fourth Amendment is weakened- our protection against unreasonable searches and seizures – the Second Amendment and several others become moot.
I am neither a lawyer nor a conspiracy theorist.
I rely on a small circle of attorneys for legal news and to help me separate fact from hyperbole.
Lately, they’re becoming increasingly alarmed about what they see as an assault on our Fourth Amendment protections – an assault that’s come about as a result of new technology: drones, electronic surveillance and breakthroughs in the science of DNA.
The Fourth Amendment prohibits unreasonable searches and seizures, and it requires police to obtain a search warrant from a judge, based on probable cause, before entering someone’s castle.
It serves as a bulwark against an unreasonable intrusion by the government. It’s what keeps you safe and secure in your home – in addition to your 870.
A story published in the February issue of the American Bar Association Journal titled: “Does the Fourth Amendment Still fit the 21st Century” is generating a lot of buzz within the legal community.
It’s author, Erwin Chemerinsky, is Dean and Distinguished Professor of Law at the University of California, Irvine School of Law, and one of the country’s top experts in constitutional law.
Chemerinsky cites two cases: one where police planted a GPS tracker on a person’s car absent their knowledge or consent, and a second where they took a DNA sample without a search warrant, and adds, “…what really is at stake in these and so many other cases involving technology: informational privacy. When should individuals be able to keep information from the government except if there is individualized suspicion and a warrant?”
Professor Chemerinsky’s column should be required reading for anyone concerned about their civil rights.