4th Amendment – Protection from Illegal Search and Seizure
About
5/5/2015
This lecture covered the Fourth Amendment—the protection from illegal search and seizure—and its relation to Authoritarian (1st Paradigm), Reactionary (2nd Paradigm), Moderate (4th Paradigm), and Progressive (6th Paradigm) worldviews. Law enforcement officials are always functioning from an Authoritarian perspective as they view Constitutional Rights as impediments to carrying out their duties.
The Reactionary perspective is consistently trying to frame Constitutional Rights in an Authoritarian perspective—constantly attempting to further limit our rights.
Progressives rely on Constitutional Rights to protect them from Authoritarian control.
Moderates limit Constitutional Rights by creating exceptions (conceptual devices), which, specifically for the Fourth Amendment, consist of:
- Consensual Searches
- Vehicle Searches
- Foreign Intelligence Surveillance
- Protection of a Law Enforcement Officer
Unfortunately, the interpretation of such exceptions often further reduces our access to protect ourselves from illegal search and seizure.
Professor Sheehan used his involvement with the Attica Prison Riots to illustrate the use of the Fourth Amendment.
Readings: