Home > A3, Mr. O. Recommends > This isn’t a pants party…

This isn’t a pants party…

As a citizen who can legally drive in the United States, I always try not to get pulled over.  Getting a ticket is a true fear of mine, especially because my parents would kill me if I did.  But now, I have another reason to not want to get pulled over, but is a bit more extreme of a reason.  In early April, the Supreme Court affirmed a law that allows for any policeman or police force to strip search any single person even if there’s no belief that the person is carrying something illegal.  This is frightening; not just to me, but to many people, and for good reason too.  https://i1.wp.com/blog.carlist.my/wp-content/uploads/2012/05/3.jpg

Let’s pretend I’m driving my beautiful black passat one during the summer.  A female, or male, cop decides to pull me over because I was ‘maybe’ didn’t fully stop at the stop sign a couple of yards back.  After deciding to give me a ticket, she decides to make me  get out of my car, just to ‘make sure’ I’m not carrying anything illegal.  After I step out of my car, he or she tells me I must take off all of my clothes, or I will be arrested.  Because of this, I am publicly humiliated in front of all the other drivers, and potentially worse, but that can be left to your imagination.  As the cop pulls away, I feel like I should be able to make a case for sexual assault or harassment or something, right?  No.  I can’t because of the law that was passed in early April.

A month or so ago in government class, we did an activity where we used Article One of the Constitution to determine whether or not certain hypotheticals were constitutional or unconstitutional.  Some of them had to do with protection rights, freedom of speech, rights of the government, etc.

This new law that was passed relates directly to what the Bill of Rights states as our rights as citizens of the U.S.  In my opinion, this new law is completely unconstitutional.  In the 4th Amendment it clearly 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.”  This states that people shall not be violated in their own personal property, unless upon probably cause.  The problem with this is that ‘probable cause’ is not clearly defined, thus creating a hole in the Amendment.

Again, I believe that this new law is unconstitutional.  I hope that one day Congress will see that this law is truly unconstitutional and understand that this destroys citizens rights to search and seizure regulations.

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