Thursday, December 8, 2011

The Forth Amendment

The forth amendment to the United States constitution protect citizens against unauthorized searches and seizures. It also requires there to be a warrent, which is judicially sanctioned and has probable cause.

 Case 1-
Bond v. United States (2001)

Steven Dewayne Bond was indited for conspiracy to possess, and possession with intent to distribute, methamphetamine in violation of  Federal Law. While traveling on a Grey Hound bus, there was an immigration check point. The Officer got on the bus and began checking the paperwork and briefly going through the luggage. When he reached Bond's green canvas bag, he felt what he described as a "brick-like" object inside. Bond admitted the bag was his and consented to a search. Inside the bag was a "brick" of methamphetamine wrapped in duct tape and rolled inside a pair of pants. He now claims that he did NOT consent for the officers search, and that there was no probable cause.

Case 2-
Atwater v. City of Lago Vista  (2001)

In March of 1997, Gail Atwater was stopped by Lago Vista police for not wearing a seatbelt. Neither she nor her two children, were using seat belts as required by Texas law. According witnesses, the officer verbally assulted Atwater. Atwater requested that the officer lower his voice and he reportedly replied, "You're going to jail." According to records, Atwater remained calm, did not act in a suspicious manner, did not pose a threat to the officer, and was not engaged in any illegal conduct other than failing to wear a seatbelt.
Atwater was arrested, handcuffed in front of her children, and taken to jail. At the jail, she was photographed and placed in a jail cell for approximately one hour. She was released on $310.00 bond and later paid a $50.00 fine for failing to wear a seatbelt. She is now searching for compensation from the actions of the officer and his failure to awknowledge the Fourth amendment.

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