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Endangered: The Constitution Part 5

David576 Wrote: Apr 21, 2013 5:19 AM
You are incorrect about searching a car trunk. For this, the police only need probable cause. To detain and question (with a frisk restricted to identifying if there is a weapon that may endanger the detaining law enforcement official), the police need only have a reasonable suspicion that criminal activity may be occurring. To search personal effects, including luggage, the "curtilage" around your home (i.e. your yard) and yes, your car trunk, the police only need probable cause. Probable cause is when the official can show that a warrant could be obtained based on the observations and/or evidence available to them at the time. A formal search/arrest warrant is only required to either search or arrest one in a private residence.

Amendments Three through Eight in the United States Constitution address a variety of legal matters that seek to protect citizens in their commonplace interactions with government.  Most of these rights reflect lessons learned from the ancient Kingdom of Great Britain.  Many are borrowed directly from the British Parliament.  Others were crafted by the framers in deliberate contrast to their experiences as subjects to the Crown.

An unfortunate complication is inherent in the whole of the first ten amendments to the United States Constitution.  Because the Bill of Rights was designed to codify certain limitations on the newly formed federal...