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Dawnneta Spearnan
English 1200-008
Final Portfolio-paper 2
12/11/09
Dear affected citizens of the U.S.,
We all believe in the Bill of Rights that were set in place
for us many years ago within the U.S. Constitution. They were
brought about in order to give our country more order, and to
help we as citizens feel more protected, and to establish rights
under the law. The Fourth Amendment, in particular, states that
we have “the right to be secure in our persons, homes, papers,
and effects against unreasonable searches and seizures, shall
not be violated, and no warrants shall issue, but upon probable
cause, supported by oath affirmation, and particularly
describing the place to be searched, and the persons or things
to be seized (U.S. Constitution).” So, if the police come
knocking at the door with their warrant stating their
authorization to search a certain part of your home or any
property, then is it reasonable if they go through all of your
property in order to find what they are looking for? According
to this document, that is against our Fourth Amendment rights.
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If one of the amendments is broken, where does society’s faith
go?
A search warrant must, “inter alia”, which is to
particularly describe the place to be searched, and the persons
or things to be seized. The purpose of this particularity
requirement is to avoid rummaging in a person’s belongings
(Roberts). In the case, “Coolidge v. New Hampshire” there were
similar circumstances. After a brutal murder, the police applied
for a search warrant to search the suspect’s automobile. The
application was granted by the New Hampshire attorney general.
Although the warrant only granted search access to the
automobile, during a police interview with the suspect’s wife,
the police decided to also search the home. They found
incriminating evidence against the suspect, not specifically
specified what it was. There were five votes for him and four
against him and Coolidge was later found guilty and sentenced to
life imprisonment (www.oyez.org). The controversy in this case
is; should the incriminating items found in the home be held
against the suspect because that was not a place listed in the
search warrant as being able to be search and seized.
In my opinion, the police went against the Fourth Amendment
law that specifically states where and what is to be searched
and seized. The evidence obtained against the search warrant
should be thrown out. We, as citizens, have the right to be
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protected by these laws. We count on them every day of our
lives. If the law enforcement is able to go about enforcing
these laws in the wrong way, then we basically have no real
rights. Even though it was said that the searches and seizures
in this case were unconstitutional, I still believe that they
convicted the suspect based on the evidence found in the home.
The crime committed was a very serious one, but the fact still
stands that we are supposed to have unspoken rights as citizens
that we are automatically granted by being born in the U.S.
The Supreme Court decision was a close one. Justice
Stewart, who wrote the majority opinion, stated that the warrant
authorizing the seizure of Coolidge’s automobile was invalid
because it was not issued by a “neutral and detached magistrate
(www.oyez.org).” Stewart also stated that neither the “incident
to arrest” nor the “plain view” doctrines justified the search
and the automobile exception was inapplicable (www.oyez.org).
Justice’s opinion held and was the majority decision.
So, I ask you to decide. Is it just that someone’s private
property and items be able to be seized even against the content
of the search warrant as did in the “Coolidge v, New Hampshire”
case? According to the wording of the Fourth Amendment, I feel
it is definitely unconstitutional for this to be possible no
matter the circumstances or severity of the case. We should
still be able to have our natural born citizen rights of the
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Constitution in place through all matters. So, we as a unity
should come together and try to make this dream a reality across
our country.
Sincerely,
Dawnneta Spearman