“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 searching on why this would have been written in the time of the founders I found that many generals in the British Military were authorized to enter private citizen’s property and “confiscate” (read steal) any artifacts they wished in the name of “law”. I am sure the founders wanted to make sure that this could not happen in the future HOWEVER until 1914 this action was not really enforced per se. It was in Weeks v. the United States Government that the Supreme Court came up with the Exclusionary Rule stating that any evidence gathered by Unconstitutional means was not able to be used in favor of the prosecution. Enough of the history lesson, let’s talk about the meaning of this inalienable right.
“The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated…” Of course we are talking about anyone being able to come and search your PERSONAL PROPERTY just because they want to. This is extremely important to ensure the rights of people to even have personal property, including but not limited to: guns, money, land, deeds, photos, information, etc. Even though other amendments would have guaranteed certain rights this gives the way for the people to object if one of these rights is in fact infringed on.
Then, in order to not limit just or proper searches and seizures on the part of authorities, our wise founders added a conditional statement thus, “…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 allowed the police or law enforcement to have a way to search but still be held accountable to the Constitution.
It occurs to me that once again the framers were acutely aware that the freedoms of law-abiding and sovereign citizens could easily be destroyed if their rights were not spelled out specifically. It also seems that they wanted us to know with unwavering certainty what Tyranny would actually look like. If you look at the reverse of any of these amendments, you get a clear picture of oppressive and truly evil leaderships. But I digress, truly the right of a person to protect their property from being searched and seized, and the right of law enforcement to legally and responsibly build a case, does create the yin and yang effect, also reinforcing that doing the right thing will protect your rights.
So evil do’ers beware, you can in fact be searched and a case can be brought on you for doing your nefarious deeds. There just has to be procedures and best practices on the part of law enforcement. BUT if you are law-abiding citizen you have nothing to fear from your law enforcement professionals.