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Transcript of Living Constitution
What does this mean?
Under the 4th amendment, you are protected because it is unconstitutional to be searched, detained or have property seized. The 4th amendment is not a guarantee that searches and seizures are unlawful. Only those that are unreasonable under the law and protect people's rights.
What is resonable or unreasonable?
Two things need to be considered;
1) The scale of the intrusion on the rights of the individual
2) Public Safety
Example of Illegal Searches and Seizures
This is an example of border patrol stopping people with the intention of racially profiling / finding illegal immigrants. This is unreasonable and unconstitutional for many reasons.
1) Some of these stops are over 20 miles from the border.
2) They are inconvenient for drivers who regularly take that route.
The right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrant shall issue, but upon probable cause, supported by Oath or affirmation, and particularty describing the place to be searched, and ther persons or things to be seized.