Fourth Amendment Rights Violated? You Decide.

Fourth Amendment Rights Violated? You Decide.

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

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.

  • PE80 Series

    PE80 Series by SARGENT / ED4000/PED5000 Series by Corbin Russwin

    ASSA ABLOY, a global leader in access solutions, has announced the launch of two next generation exit devices from long-standing leaders in the premium exit device market: the PE80 Series by SARGENT and the PED4000/PED5000 Series by Corbin Russwin. These new exit devices boast industry-first features that are specifically designed to provide enhanced safety, security and convenience, setting new standards for exit solutions. The SARGENT PE80 and Corbin Russwin PED4000/PED5000 Series exit devices are engineered to meet the ever-evolving needs of modern buildings. Featuring the high strength, security and durability that ASSA ABLOY is known for, the new exit devices deliver several innovative, industry-first features in addition to elegant design finishes for every opening.

  • Camden CM-221 Series Switches

    Camden CM-221 Series Switches

    Camden Door Controls is pleased to announce that, in response to soaring customer demand, it has expanded its range of ValueWave™ no-touch switches to include a narrow (slimline) version with manual override. This override button is designed to provide additional assurance that the request to exit switch will open a door, even if the no-touch sensor fails to operate. This new slimline switch also features a heavy gauge stainless steel faceplate, a red/green illuminated light ring, and is IP65 rated, making it ideal for indoor or outdoor use as part of an automatic door or access control system. ValueWave™ no-touch switches are designed for easy installation and trouble-free service in high traffic applications. In addition to this narrow version, the CM-221 & CM-222 Series switches are available in a range of other models with single and double gang heavy-gauge stainless steel faceplates and include illuminated light rings.