Fourth Amendment Rights Violated? You Decide.

Fourth Amendment Rights Violated? You Decide.

  • Mar 08, 2013

According to the Dallas Morning News, surveillance cameras at a Garland, Texas home captured police officers rummaging through duffle bags, searching a vehicle parked in the driveway and forcing a surveillance camera to turn, breaking the mount. The officers were looking for the homeowner’s brother, a felon convicted of fraud.

According to the homeowner, his brother does not live with him, and he and his wife are upset that police officers conducted searches on their property without permission. And, the homeowners just want a simple apology.

A Garland police internal affairs investigator met with the homeowners telling them that the officers’ actions were proper, even acknowledging that he believed one of the officers had opened the unlocked, back door to the home.

University of Texas at Austin law professor and authority on criminal procedures, George Dix, feels that the homeowners’ Fourth Amendment rights were violated. The Fourth Amendment guards against unreasonable searches and requires that a warrant be judicially sanctioned and supported by probable cause.

“I think the officers unreasonably searched the vehicle and duffle bags,” Dix said. “The manipulation of and damage to the camera was, in my view, an unreasonable seizure.” Dix also mentioned that opening the door would be reasonable if there was reason to believe a dangerous person was inside; however, nothing in the facts suggests this.”

Here is the video of one of the officers forcing the homeowner’s surveillance camera to turn.

This video shows a different officer rummaging through duffle bags and reading documents.

And, yet another video shows an officer knocking on the front door of the home and when no one answers, he proceeds to scour through the parked vehicle. It even appears that the officer read through some documents found in the vehicle.  

What do you think? Were the homeowners' Fourth Amendment rights violated, or do you think police had probable cause to do what they did?

While police officers probably feel that they had probable cause, thinking or assuming that the homeowner’s brother lived there, breaking the mounting on a surveillance camera, rummaging through bags and exploring the vehicle without permission seems to violate the homeowners’ Fourth Amendment rights.

(Source: http://crimeblog.dallasnews.com/2013/03/did-garland-police-officers-violated-homeowners-fourth-amendment-rights.html/)

Featured

  • The Evolution of IP Camera Intelligence

    As the 30th anniversary of the IP camera approaches in 2026, it is worth reflecting on how far we have come. The first network camera, launched in 1996, delivered one frame every 17 seconds—not impressive by today’s standards, but groundbreaking at the time. It did something that no analog system could: transmit video over a standard IP network. Read Now

  • From Surveillance to Intelligence

    Years ago, it would have been significantly more expensive to run an analytic like that — requiring a custom-built solution with burdensome infrastructure demands — but modern edge devices have made it accessible to everyone. It also saves time, which is a critical factor if a missing child is involved. Video compression technology has played a critical role as well. Over the years, significant advancements have been made in video coding standards — including H.263, MPEG formats, and H.264—alongside compression optimization technologies developed by IP video manufacturers to improve efficiency without sacrificing quality. The open-source AV1 codec developed by the Alliance for Open Media—a consortium including Google, Netflix, Microsoft, Amazon and others — is already the preferred decoder for cloud-based applications, and is quickly becoming the standard for video compression of all types. Read Now

  • Cost: Reactive vs. Proactive Security

    Security breaches often happen despite the availability of tools to prevent them. To combat this problem, the industry is shifting from reactive correction to proactive protection. This article will examine why so many security leaders have realized they must “lead before the breach” – not after. Read Now

  • Achieving Clear Audio

    In today’s ever-changing world of security and risk management, effective communication via an intercom and door entry communication system is a critical communication tool to keep a facility’s staff, visitors and vendors safe. Read Now

  • Beyond Apps: Access Control for Today’s Residents

    The modern resident lives in an app-saturated world. From banking to grocery delivery, fitness tracking to ridesharing, nearly every service demands another download. But when it comes to accessing the place you live, most people do not want to clutter their phone with yet another app, especially if its only purpose is to open a door. Read Now

Most   Popular

New Products

  • Compact IP Video Intercom

    Viking’s X-205 Series of intercoms provide HD IP video and two-way voice communication - all wrapped up in an attractive compact chassis.

  • Automatic Systems V07

    Automatic Systems V07

    Automatic Systems, an industry-leading manufacturer of pedestrian and vehicle secure entrance control access systems, is pleased to announce the release of its groundbreaking V07 software. The V07 software update is designed specifically to address cybersecurity concerns and will ensure the integrity and confidentiality of Automatic Systems applications. With the new V07 software, updates will be delivered by means of an encrypted file.

  • AC Nio

    AC Nio

    Aiphone, a leading international manufacturer of intercom, access control, and emergency communication products, has introduced the AC Nio, its access control management software, an important addition to its new line of access control solutions.