Fourth Amendment of the U.S. Constitution
“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.”
Here is a disclaimer that might be necessary because of people who want to pick at every word I write to falsely accuse me of practicing law or trying to be a lawyer. What follows regarding the constitution and state rights are things that I learned in my senior year of high school. My freshman year college political science class and junior college class in business law also play significant roles in what I learned and retained about courts and the law. So there!
When I heard about Alex Wubbels, the nurse in Utah who was taken into custody for refusing to allow a blood draw on an unconscious patient, it was as if I was taken back into time. Not only was I taken back in time to remember those political science, social studies and business law classes, but also because I thought the controversy over blood draws and hospitals had been resolved years ago.
When reading the opinions of some others, I wonder if the books assigned to classes or even the teachers or professors fully addressed that the issue in America’s Civil War was over the rights of the states? That war was to decide whether the federal government had political power to regulate or abolish slavery within individual states. The federal government did abolish slavery in the land, and also gave states the right to legislate their own laws as long as those laws do not violate the U.S. Constitution.
When the Supreme Court of the United States decides to hear cases involving state laws, they decide them based on the U.S. Constitution. Read the rest of this entry
All this time that we’ve reported on law enforcement killing unarmed civilians, and there are times I feel overwhelmed because the cases, and knowledge of cases, come faster than I can keep up. Because of new situations almost weekly, if not daily, it’s also difficult to follow-up on cases previously reported.
There are times I feel hopeless because each time we think we have an answer to reduce or stop the number of police involved shootings of unarmed citizens, we find the end result is always up to a human being who listens to the story of the cop who fired the gun. The living have opportunity to say what they thought and felt. The dead do not.
I cry. This time, I cry for Dillon Taylor and I also cried for Bron Cruz, the cop that killed him. I cried for Cruz because he wanted so badly for Dillon to be armed, that while Dillon’s blood was running like a river, and he went into seizure, that did not hinder Cruz from searching Dillon not once, but twice. I cried for Cruz because he planted seeds of blame in his garden of life rather than seeds of compassion.
Boehner says the GOP will sue Obama, the Supreme Court blocks warrantless cellphone searches, and more
1. Republicans threaten to sue Obama
House Speaker John Boehner (R-Ohio) said lawmakers would vote next month on authorizing alawsuit against President Obama because they believe he has failed to carry out Congress’ laws on everything from health care to energy to foreign policy. The White House said it was “completely confident” Obama had always acted within his authority. Rep. Steve Israel (D-N.Y.) called the move a “desperate political stunt” to rile up the GOP base. [BBC News]
2. Supreme Court protects cellphones from warrantless searches
The Supreme Court ruled Wednesday that police cannot search the cellphone of an arrested suspect without a warrant. The sweeping, 9-0 decision marked a major victory for privacy advocates. Chief Justice John Roberts said it…
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