ON THE MONEY Americans Have A Right To Personal Privacy. The Fourth Amendment to the United States Constitution states as much: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated." Under the rubric of public safety, however, many law-enforcement agencies for years have pushed the boundaries of those constitutional guarantees. Fortunately, the U.S. Supreme Court -- before taking on presidential issues last week -- set some common-sense parameters for just how far law enforcement can go before running afoul of the Fourth Amendment. In a 6-3 decision, the nation's highest court said that Indiana police violated individual rights when they set up roadblocks in an Indianapolis neighborhood, stopped vehicles at random and used drug-sniffing dogs to search for illegal narcotics. Justice Sandra Day O'Connor, who penned the majority opinion, wrote that police must have reasonable suspicions to stop and search a person or a car. In prior opinions, the court has allowed police to establish random roadblocks to nab drunken drivers and allowed authorities to stop and search individuals at immigration checkpoints. But the court drew the line at random drug stops. "We cannot sanction stops justified only by the generalized and ever-present possibility that interrogation and inspection may reveal that any given motorist has committed some crime," Justice O'Connor wrote. There's an important distinction to be made, the court noted. The public-safety dangers presented by drunken drivers outweighed the privacy of innocent motorists. And immigration stops are necessary to protect U.S. borders. Random searches for illicit drugs, however, would open the door to even more-intrusive law-enforcement behavior, the court properly ruled. Law enforcement still would have ample opportunity to stop motorists. For example, the court stated that police still could set up roadblocks to catch dangerous criminals or to thwart an imminent terrorist attack if authorities had a reasonable suspicion that such measures would be productive. But those situations, the court stated, are "far removed from the circumstances under which authorities might simply stop cars as a matter of course to see if there just happens to be a felon leaving the jurisdiction." The court was right on the money. If police were allowed randomly to stop cars to search for drugs, what would prevent authorities from conducting random, house-to-house searches for illegal activity? It would be a short walk from there to living in a police state, which the Fourth Amendment was designed to thwart. Americans should celebrate the ruling. And they should cherish their freedoms.
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