Hope and Change

When did standing by the words of the Consititution of the United States become "probable cause" for detainment, search and seizure?

Multiple times this year people citing the constitution has been used as an example of those of whom you are supposed to be wary. They are potentially "domestic terrorists" and should be subjected to intense surveillance, detention, and otherwise un-warranted searches. These and other cautions have come from the heads of federal, state and local agencies as well as non-government groups and it's not just words.

If you think trying to adhere to your Consitutional rights won't get you in trouble these days it might be a good idea to check out http://www.youtube.com/watch?v=YUzd7G875Hc and http://www.youtube.com/watch?v=KFS7oZtE8Ks&feature=PlayList&p=254B3ADB194B895E&playnext=1&playnext_from=PL&index=51 .

In these cases the authorities cited "probable cause" as simply not allowing a search without a warrant. What? Yes, "probable cause" was knowing and requiring the authorities to abide by the provisions of the Constitution and the law in regard to requiring actual probable cause and a warrant before allowing a search.

The Fourth Amendment to the Constitution says, "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." In the above situation the person stopped at a checkpoint as required by law and refused to allow a search of his vehicle. Is refusing to allow a search without a warrant "probable cause"?

Quite simply, the answer is no. Any person subject to the Constitution of the United States has the right to insist that law enforcement be required to make their case to a judge to establish that law enforcement has probable cause to get a judge to issue a warrant for a search. Otherwise any law enforcement officer could at any time knock on your door and ask to search your house. If probable cause was established by citing your Fourth Amendment right to have them obtain a warrant the Fourth Amendment becomes meaningless.