The Fourth Amendment and how it applies to you

The Fourth Amendment to the U.S. Constitution states: "The right of the people to be secure in their persons, houses, papers, and affects 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."

To law enforcement, this is one of the most important amendments. Like many other amendments, it was written to help secure the freedom of the people. This amendment puts in place a system of checks and balances for law enforcement, and any other part of government. In essence, it protects the people from the government over extending its powers. It is common for us to get tips from people about suspicious activity in houses and vehicles, but the process of getting in to the "suspicious" house requires more than just a suspicion. When a law enforcement officer finds something they believe to be what we call "probable cause" that something illegal may be in a house, the officer must state those facts, and the prosecutor, as well as a judge, must also agree there is sufficient evidence to believe a search warrant can be issued. As stated above, the Fourth Amendment also makes it clear that an application for a search warrant must be specific as to what you are looking for and where you think you will find it.

The Fourth Amendment was introduced in Congress in 1789 by James Madison, along with the other amendments in the Bill of Rights, in response to Antifederalist objections to the new Constitution. It was on March 1, 1792, that Secretary of State Thomas Jefferson announced the adoption of the amendment. It is the Fourth Amendment that gives you the right to say no when someone asks to search your vehicle, and the right to say no when someone asks to come into your home uninvited. It is what draws the line for law enforcement officers doing the right thing or going too far. Sometimes following this amendment protects the car from being searched that really does have illegal items in the car, or the methamphetamines in the home, but you cannot take freedoms away from the general public in the name of justice.

The sheriff's office will strive to hunt down those who break the law and harm others, but it is also our responsibility to make sure the freedoms granted in the Constitution are upheld and followed. With this New Year, we will be providing training to our deputies on the Constitution of our country and the importance of following and upholding it.