Source: Operation Disclosure | By Danlboon, Contributing Writer
Submitted on March 17, 2023
4th Amendment
This is the Amendment that provides the people to be secure in their persons and such with no searches without a warrant, ratified on December 15, 1791 with George Washington.
This is for when accusations are made there needs to be probable cause before any actions can be taken against the accused and no one can deny them from being secure with themselves and their effects against unreasonable searches and seizures.
This Amendment should stay with our Republic as it was prior to the change to the US CORP beginning with the Civil War. This is one of the Bill of Rights.
This goes hand in hand with the 5th Amendment.
When the police stop someone and request an ID then they are treading on thin waters, yet also there are 23 states that have ‘Stop and Identify Laws’ that are to back up this Amendment or just completely violate it, then there are the other states that the police blatantly ignore any NO Stop and ID requirements in the US Constitution.
Only if an officer pulls you over for a road violation while driving and not something they pertain to be suspicious they are allowed to ask for your license, registration and proof of insurance where they can write you a ticket and do it ASAP, but anything else in asking questions and keeping you there to make other excuses up are secondary and illegal, and they cannot ask for a passenger’s ID as they are not driving.
The police are not allowed in most states to stop and detain you and ask for a drivers license if you are just walking somewhere to do business or just being out in public, as you do not need a license to walk, unless they need your ID as you appear to be impaired, but bicyclists must follow the motor vehicle code, yet are not required to have a license, registration and proof of insurance.
Once an officer detains a person and then goes ahead and picks their pockets or persons without placing them under arrest or reading them their ‘Miranda Rights’ they violated this Amendment and most likely their state statutes.
Numerous court cases have come about where it ends up the police investigating themselves and determine the officers did no wrong, then afterwards lawsuits are filed and in the lawsuits the jury says otherwise as the people are the jury.
A recent lawsuit is with a black lady from out of state with her two daughters were sitting in a coffee shop parking lot where they were waiting for several minutes in the early morning hours and the officers detained them just for being there, maybe because she had a ‘disabled person’ tag hanging from her mirror and in a disabled parking spot, but they were eventually released and later won the lawsuit with a payout of 3 times the original amount for a total of over $8,000,000 just because the officers violated their Constitutional rights with nothing else to back the officers. And in the end only the taxpayers paid that bill.
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.
Danlboon
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