The Bill of Rights: Part 3

bor

These next two amendments, the third and fourth, is the transition from liberties to rights, with the third being a liberty and the fourth starting the string of rights.

The third amendment: states that “No soldier shall, in time of peace be quartered in any house, Without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.” It states that ultimately government troops cannot be forcibly placed in your home where you are mandated to take care of them. If such a thing existed today, the owner would have to give consent to house, feed, and take care of soldiers. This is one of the more outdated parts of the Bill of Rights, but was very relevant for their time. This amendment, as well as the seventh, have been used to advance the idea that the Constitution and Bill of Rights are outdated and need to either be scrapped or go under drastic revisions. I agree that it may be outdated, but even though we have military bases now where soldiers are kept and sleep and are taken care of, if there is any reason why they need other places to stay and live, the government cannot force civilians to take soldiers into their homes.

This was once necessary because throughout colonial history, civilians were forced by the British to house troops, where the troops would eat what they want, when they want, and however much they want, and they could do nothing about it because it was decreed by King of England.

The Fourth Amendment: The fourth amendment states that “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, upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and person or things to be seized.” You must have seen cop shows like “Law and Order” where residents are questioned by police detectives and their asked if their house can be searched, the resident is asked “Do you have a warrant?”. That’s based on the fourth amendment. This is the first right mentioned in the Bill of Rights. It says simply that you are not required to give anything to law enforcement under any circumstances, whether it be objects, possessions, or entry onto your property, without probable cause and a warrant to search. You have a right to your privacy, and if law enforcement forces themselves into your house or property and they find something to use against you in court, it will not stand; It was illegally obtained evidence and violated your fourth amendment rights. No judge will use that evidence against you. BUT you have to make it clear that you did not want them to enter. If they come into your house without a warrant and you allow it and condone it, anything found could be used against you because you gave consent and relinquished your right. Always remember that.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s