Today I’m interested in the Fourth Amendment.
Search and Seizure. Essentially, this amendment guarantees every citizen’s right to be free from unreasonable government intrusion into their lives, property, businesses, etc. This is why the police and government agencies need warrants to look deeper when they suspect you’ve committed some crime or infraction. This is why it’s illegal to pull someone over for no good reason and search the trunk of their car, or their pockets. It’s why police can’t just barge into your house, why they can’t stop and frisk young black men for simply walking down the street. It’s why the government can’t fly drones over your corn field looking for your hidden marijuana plants or tap your phone or read your emails. Social media is not included…
This Amendment doesn’t get as much press as the First or Second, and do you even know what the Third is? (Quartering soldiers. Britain used to make people house the military at their own expense. Way to save on the military budget, right?) Anyway, the Fourth is very important, so while 1 and 2 have their rabid battles, the Fourth is quietly doing the heavy lifting of protecting the citizens of this country.
While everyone was distracted, it came under fire.
Most notably, the Fourth has been undermined by Trump’s pardon of Sheriff Arpaio. According to the Washingtom Post (just to name a source, but it’s validated by other news organizations) a federal judge ordered Arpaio to stop detaining people who were not suspected of actual criminal activity.
Essentially, Arpaio disregarded court orders and targeted people he thought specifically fit a stereotype in his region of what an ‘illegal immigrant’ was. Cough, cough…’Mexicans’…
For the record, being in this country, even without documentation, isn’t illegal—which I know will be a shocker for so many to learn. Undocumented residence in this country is a civil violation. It’s on the same level as not paying child support—which may, depending upon state rules, result in a stay in jail, but isn’t something that would go on your record or even cause deportation (shock!). Jaywalking is a crime, living somewhere isn’t.
Side note to create empathy: let’s say you’re a white man. Let’s pretend that being in the KKK, while not a crime, will get you fined for some civil violation. Maybe…I don’t know…it’s against your town’s decency standards, or something. So, Sheriff Someone goes looking for KKK members, but he starts stopping every white man he comes across because, let’s face it, nobody else is joining the group, right? But you got stopped, just because you were white… You’re not part of the group, would never be part of the group, but you still got stopped, frisked for any potential burning crosses, strip searched and checked out for swastika tattoos and then your home was also ransacked—and God help you if your sheets are white, yeah?
Is that fair? No. No, it’s not fair because you were just walking across the Walmart parking lot, minding your own business with no discernible tattoos or political/religious affiliations. Still, you fit the stereotype and so you were stopped. Wow, that must be infuriating…and illegal.
But Sheriff Someone was given a free pass, not only setting a precedent that other sheriffs in other towns may follow, but creating a boisterous, though small, group of supporters for Sheriff Someone’s policies regarding this terrible, indecent nuisance. Yes? So what happens when the town council decides it’s indecent for men to wear socks with sandals, which is your favorite thing to do? Or for residents to eat anything other than locally-grown fair trade organic produce but you’re allergic to spinach and only eat meat? With me so far? Maybe….?
Well, here’s another example, then. According to the NY Post, among others, Trump’s lawyers have asked Facebook for private information concerning private individuals who have ‘liked’ anti-Trump pages. Like the rest of America, I take news these days with a grain of salt and look for multiple sources to validate whatever claims are made. This is not making waves, so do your research, butI believe this case to be true, especially given this Administration’s history with these things.
What history? Demanding voter information, for one example. Some of what they wanted was public knowledge, or for sale through the State, but other requested data was inessential to what they were looking for. So what will they really use it for? What does this particular, and unpopular/authoritarian-leaning, administration want with the information that previous administrations didn’t feel the need to waste money on? We blame Trump’s narcissism, he needs to prove those other 3 million votes were illegally cast, but there could be a darker purpose.
Like, oh, I don’t know, rounding up critics and those opposed to the sweeping and oft-times detrimental policy changes being enacted upon us. Puts that Facebook thing into a different light, looking at it from that perspective, right? How…Orwellian. I suggest you read some, in fact.
They’ve got the ‘average’ American hoodwinked, too. They (a particular set of media/politicians/ideologues) challenge your natural reaction to giving up your privacy. You shy away, you have a funny resistance to it… But they say, what do you have to hide? You’re a good American, a patriot, don’t you want to help…
But you’re helping the downfall of your own Constitution. Every time you say, sure you can look at my corn field on camera, sure that phone could be tapped, of course they should give up their emails…what do they have to hide? You are undermining the very hard-working Fourth Amendment, and you might not care so much about it right now, but just wait till it’s gone. This one, above all, is the very concept that truly stands between freedom and totalitarianism.
Laws can be changed, and in this political climate there is no guarantee that you’ll know beforehand. You could let the police into your house thinking to be helpful, and, in certain towns, if they spy your dildo, you can be charged. If they use the bathroom, without search and seizure restrictions they can open your medicine cabinet and poke around…What do you have in there? Did you dispose of any leftover medications legally and properly?
The wholesale removal of rights would cause an uproar among us all, but a little bit here and there…and what does it matter of you’ve done ‘nothing’ wrong…
There are a myriad of small infractions a lot of us commit every day, and the Fourth keeps our little, mostly innocuous secrets safe. So be a good citizen, pay attention, and protect your privacy however you can.
That’s my bone to pick…
You won’t always agree, and that’s okay. I’d still love to hear your comments, so long as you can manage to keep yourself respectful, because we all deserve a little dignity. Be human, you know? I’m not a liberal and I’m not a conservative. I believe the best path lies in the middle and the truth takes participation from both sides. I also believe we’re on a dangerous, slippery slope because a lot of sides of a lot of issues aren’t listening to anyone else.
Nobody is always entirely right…