A Discussion on the Third and Fourth Amendments

Amendment Three: 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 described by law.

We, as Americans, have never had to worry about this since Colonial times. The American Army has always had their own quarters within the forts and facilities afforded them. The reason behind this Amendment is that the British soldiers forced their way into the homes of the colonists.

This is still an important amendment. If the time ever comes that the citizens rise up against a tyrannical dominion that forces its will upon the people, if they still abide by our Constitution, they will not be able to quarter their soldiers in our homes without our consent.

Amendment Four: 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.

This amendment is to keep the citizens free from having their possessions seized, or being arrested, for no apparent reason. There have been governments throughout history that would break into a person's home, in the middle of the night, seize the inhabitants and search, and seize, possessions that said government would believe to be seditious. Without this guaranteed right, our government could come into your home at any time, for any reason, and take your possessions and arrest you.

We, as Americans, know that the authorities cannot just break down our doors, enter our homes, and do what they please. If there is a warrant issued, they are restrained from randomly searching for supposed evidence. They will be there for a specific person or thing and have only so many places they can search and it will be stated in that warrant what they are looking for and where they will be looking. The only exception to this is if something is in plain sight of the investigating officer.

To have a warrant issued there must be a viable reason, attested to by the proper authorities under oath. Probable cause is the one issue I have with this. There is no template for what, exactly, probable cause is. It could be as complex as authorities have substantial evidence against a person, or as simple as someone making an accusation. Either way, probable cause is an ambiguous term to be interpreted by a fallible human being.

According to the Legal Information Institute (www.law.cornell.edu) the Constitutional basis of probable cause is explained thus: Although the Fourth Amendment states that "no warrants shall issue, but upon probable cause", it does not specify what "probable cause" actually means. The Supreme Court has attempted to clarify the meaning of the term on several occasions, while recognizing that probable cause is a concept that is imprecise, fluid and very dependent on context. In Illinois v. Gates, the Court favored a flexible approach, viewing probable cause as a "practical, non-technical" standard that calls upon the "factual and practical considerations of everyday life on which reasonable and prudent men […] act". Courts often adopt a broader, more flexible view of probable cause when the alleged offenses are serious.

However you want to see it, the Fourth Amendment is there to protect you, your possessions, and your privacy. Just make sure that you are on the right if you decide to claim a violation of your Fourth Amendment rights.