Friday, September 17, 2010

Entry 7-Amendment 4

Source
Gizmodo editor Jason Chen's house raided, computers seized (updated) April 26, 2010
http://www.zdnet.com/blog/apple/gizmodo-editor-jason-chens-house-raided-computers-seized-updated/6730

Constitution
Amendment 4
"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"

Connection
This article is about policemen that searched a journalists house.  Before doing this they were issued a warrant and soon after that they went into the house taking computers for evidence.  Judges feel that the journalist is protected by the first amendment of the constitution but also the police are protected by the fifth amendment.  He is protected because Jason Chen is a journalist meaning he has the freedom of speech.  All of will cause problems which will then lead to deeper investigations. 

This connects to the constitution because the policemen had a warrant before they entered into Jason Chen's house.  It ties back into the fourth amendment where it states "the right of the people to be secure.....shall not be violated, and no warrants shall issue upon probable cause".  If the police had just searched the journalist's house with out a warrant then they would be in the wrong.  Also the police had to state in the warrant what needed to be seized just like in the fifth amendment, "describe the place to be searched, and the person or things to be seized".  This tells that if a policeman raids a house then they have to say what or who they are raiding the house for and a judge has to approve.  This amendment can relate to checks and balances because before the policemen can even go into the house they have to be given permission to do so. 

This is a good amendment but it can be improved.  Although some policemen go and get warrants some do not which causes problems.  It causes problems because they go into people's houses with out a warrant present and the only punishment they are given is suspension.  If people are protected by the constitution then there should be harsh punishments because their things are being destroyed and they are the only ones left to clean it up.   We should all have equal punishment/rights.

No comments:

Post a Comment