Saturday, June 27, 2009

Fourth Amendment and the Consititution

I know the constitution does not seem to be a factor in our lives much anymore, sadly, but I had to add this comment about my previous post. As the descendant of someone who signed the Declaration of Independence AND the Constitution (Roger Sherman, CT) I feel that it is part of my family legacy to fight for constitutional laws and legal decisions. In the previous post the quoted article indicates this about Clarence Thomas:
In a dissent, Justice Clarence Thomas found the search legal and said the court previously had given school officials "considerable leeway" under the Fourth Amendment in school settings.

Officials had searched the girl's backpack and found nothing, Thomas said. "It was eminently reasonable to conclude the backpack was empty because Redding was secreting the pills in a place should thought no one would look," Thomas said.

Thomas warned that the majority's decision could backfire. "Redding would not have been the first person to conceal pills in her undergarments," he said. "Nor will she be the last after today's decision, which announces the safest place to secrete contraband in school."

Now I happen to carry a pocket sized booklet of the Constitution in my purse so naturally I pulled it out to read exactly what it says about Amendment IV. Here is the exact wording:

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.


Upon reading this there are a couple of sections that stand out to me. First the word "warrants." It is at the very least IMPLIED that a warrant needs to be issued for the search of a person, house, papers and effects. Obviously this 8th grade child did not have a warrant issued for HER search. The second part is the "probable cause, supported by oath or affirmation." Does Clarance Thomas really believe that the statement of another 8th grade girl (and we all know about middle school and girls of that age) is enough to be considered an "oath?"


It is very sad to me that our schools are a place for illegal search including strip searches of our young students. My ancestor, Roger Sherman, would be appalled at the twisting of constitutional law!

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