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

  • Meeting Modern Demands

    Door hardware and access control continue to be at the forefront of innovation within the security industry, continuously evolving to meet the dynamic needs of commercial spaces. Read Now

  • Leveraging IoT and Open Platform VMS for a Connected Future

    The evolution of urban environments is being reshaped by the convergence of Internet of Things (IoT) technology and open platform VMS. As cities worldwide grapple with growing populations and increasing operational complexities, these integrated technologies are emerging as powerful tools for creating more livable, efficient, and secure urban spaces. Read Now

  • Securing the Future

    Two security experts sit down with Security Today’s editor in chief Ralph C. Jensen to discuss what they see emerging and changing over the next several years along with how security stakeholders can harness these innovations into opportunities. Read Now

  • Collaboration Made Easy Using a Work Management Platform

    Effective collaboration between security operators, teams and other departments is critical to the smooth functioning of organizations. Yet, as organizations grow in complexity, it becomes more difficult for teams to coordinate with each other. This is compounded by staffing shortages, turnover and ineffective collaboration tools. Read Now

  • Creating a Safer World

    Managing and supporting locks and door hardware within a facility is a big responsibility. A building’s security needs to change over time as occupancy and use demands evolve, which can make it even more challenging. Read Now

New Products

  • EasyGate SPT and SPD

    EasyGate SPT SPD

    Security solutions do not have to be ordinary, let alone unattractive. Having renewed their best-selling speed gates, Cominfo has once again demonstrated their Art of Security philosophy in practice — and confirmed their position as an industry-leading manufacturers of premium speed gates and turnstiles.

  • FEP GameChanger

    FEP GameChanger

    Paige Datacom Solutions Introduces Important and Innovative Cabling Products GameChanger Cable, a proven and patented solution that significantly exceeds the reach of traditional category cable will now have a FEP/FEP construction.

  • Mobile Safe Shield

    Mobile Safe Shield

    SafeWood Designs, Inc., a manufacturer of patented bullet resistant products, is excited to announce the launch of the Mobile Safe Shield. The Mobile Safe Shield is a moveable bullet resistant shield that provides protection in the event of an assailant and supplies cover in the event of an active shooter. With a heavy-duty steel frame, quality castor wheels, and bullet resistant core, the Mobile Safe Shield is a perfect addition to any guard station, security desks, courthouses, police stations, schools, office spaces and more. The Mobile Safe Shield is incredibly customizable. Bullet resistant materials are available in UL 752 Levels 1 through 8 and include glass, white board, tack board, veneer, and plastic laminate. Flexibility in bullet resistant materials allows for the Mobile Safe Shield to blend more with current interior décor for a seamless design aesthetic. Optional custom paint colors are also available for the steel frame.