(upbeat trumpet music) (schoolbell ringing) ♪ Yo, I got self-determination ♪ ♪ That's the heart and soul of this nation ♪ ♪ Each American's got the right to be ♪ ♪ Though we live together, we all live free ♪ ♪ You got that right ♪ ♪ You got that right ♪ ♪ You got that right ♪ ♪ You got that right ♪ - In this country we believe that a woman's home is her castle.

And that saying goes for men, too.

We believe this because the Constitution says right there in the Fourth Amendment that if any agent of the government wants to come into our homes, look through our belongings, search our bodies or cart us off to jail, they better have a pretty good reason.

And in most cases, they better have a warrant.

Back when the United States was a group of British colonies, the so-called writs of assistance or general warrants authorized customs agents or police to literally break into just about any place they wanted to and they didn't have to tell the people what it was they were looking for.

This kind of treatment is what eventually led to the Revolutionary War, and later to the adoption of the Fourth Amendment to the Constitution.

- [Narrator] "The rights 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."

- It's been roughly 200 years since this amendment became one of the pillars of our justice system.

It's a pretty big understatement to say that a lot has changed in that time.

It's no secret that aspects of the Fourth Amendment have come to be viewed by some as loopholes through which the guilty have gotten away with their crimes.

To counter this, recent Supreme Court interpretations of the Fourth Amendment have allowed greater use of evidence.

Lawmakers, judges, and people in law enforcement are engaged in a constant balancing act to protect the fundamental rights of all citizens, while at the same time, enforcing laws intended to prevent crime.

This struggle goes on every day, and sooner or later we're all affected by it.

(school bell ringing) (children chatting) - Man, I am glad that is over with.

- Yeah, me too.

- Yeah.

- And so, Kim, what are you gonna tell your dad?

- I'll just tell him what happened to me.

You know, we get along pretty well so.

- Pretty well, that's cool.

Well, I've gotta go, I'll see you around.

- [Girl] Oh yeah, bye.

- I'll talk to you later.

- Okay.

- Bye.

- Hi, Dad.

- Hi, Honey.

(car door banging shut) - How was school?

- Okay, I guess.

- [Dad] You got everything?

- [Daughter] Yeah, I think so.

- [Dad] Look like you got a lot of homework done.

- [Daughter] I do, a lot of it.

(upbeat drum music) - Kim, is there something wrong?

- No, not really.

It's just, well, Dad, I need to ask you something.

- Go ahead.

- Can the police search someone whenever they feel like it?

- Absolutely not, now why do you ask?

- Well I mean, I didn't think so but.

- Kim, what are you talking about?

- Okay, remember me, Sherita and Donnie went to the concert on Saturday night at the Civic Center?

(father chuckling) - Do I remember?

You played that one CD for a whole week.

Now I know all the words.

- Anyway, on our way in, we were searched.

- Yeah well, I mean, we had a lot of trouble at the last concert out there.

So the city decided to have officers do what they call pat people down on the way in.

- Well, we didn't know about that and it was kind of a mess to be searched like that, especially considering what happened.

- What?

- See, Sherita had this little bottle with her medication in it and when the policeman opened her purse they must have thought it was drugs or something because they pulled all of us aside, emptied out Sherita's bag and searched all of us, like, thoroughly.

And Donnie kept acting kind of weird and I couldn't really figure out why.

So one of the officers found this pack of cigarettes Donnie had.

I keep telling Donnie that he shouldn't smoke.

So I guess he was afraid I'd see them.

But the officer made such a big deal out of it that he tore those open and looked at all of them like maybe there was something in them or something.

And Sherita kept telling him those pills were her medication but he wouldn't give them back to her, even after he said we could go on into the show.

Now don't you have to have a warrant if you're going to do all of that?

- Sweetheart, I ask that question every day.

- Yeah, so Officer Jones, what's the answer?

- It depends on the circumstances.

- Dad, what circumstances?

- I know.

I know.

Listen, I'm a police officer and I see things from a police officer's point of view.

Now, your aunt Margaret, she's a civil liberties lawyer.

She and I argue a lot.

But she's smart and she knows her stuff.

You should ask her about it.

- Really, you think so?

- Sure.

Sure.

Now, you got to make up your own mind and you can't do it just by listening to my side, right?

- I guess.

- So you talk to her and then we'll talk.

- Okay, I'll do it.

(car cruising by) - Kim, I think you're raising a very important point.

- Oh yeah, what's my point?

- Okay, well let's put it like this, up in Washington State a group of young people went through something very similar.

They sued the city of Seattle for depriving them of the Fourth Amendment rights and they won.

- You mean you think our rights were violated?

- Now, I'm not at all saying that you would win, too.

Judges in our state may interpret the Fourth Amendment a little bit differently.

But I still think you have a case.

- But how come the police are searching people like that if it's against the law?

- Hold it, I didn't say it was against the law.

Right now, it's perfectly legal.

- I don't get it.

- You see, the city of Seattle had a problem.

Laws were being broken and people were being injured at rock concerts.

The concerts were held in the municipally-owned coliseum.

Now, in 1971, the Seattle Police Department began conducting searches of rock concert patrons as they entered the coliseum.

They were looking for alcohol, drugs, explosive devices, weapons, and other dangerous items.

Most of the searches lasted only a few seconds and even when things were confiscated, nobody was arrested unless the police believed that the person intended to sell a controlled substance.

Now, this went on for a number of years and it probably did prevent a lot of ugly incidents, but it was questionable under both federal and state Constitutions.

So finally four people challenged the searches.

- So like a police practice that might violate people's rights can keep happening and nobody challenges it in court?

- That's right.

- So what did the city of Seattle say?

- They compared it to the kinds of searches that people routinely go through without a warrant, like at airports or international border crossings.

- So they were saying that going to a rock concert should be like going through security at an airport?

- Yep, but the State Supreme Court disagreed.

They said that the airport searches were reasonable because they're intended to protect people from grave dangers like terrorism.

But the rock concert searches, which actually involve people being frisked, those were unreasonable because the dangers at a rock concert could not be considered as grave as those at an airport.

And besides, they didn't wanna give young people like you the wrong idea.

- What do you mean?

- The Fourth Amendment protects everyone, you, me, your dad, the President, against unreasonable searches and seizures.

And a search without a warrant is considered unreasonable, except for a few carefully drawn exceptions.

- Like what?

(upbeat drum music) - [Narrator] "The arrested person and the area "within his or her immediate control can be searched "within a limited time provided the arrest of lawful.

"Given probable cause, police may enter "a Constitutionally protected area "if they have a reasonable fear that to delay "would result in a loss of evidence, "escape of the suspect, or harm to the public.

"The officer may forcibly stop a person "for a reasonable period of time "when the officer has a reasonable suspicion "of criminal activity.

"Pat down searches may be done for weapons "if the officer reasonably believes "that this specific person is armed and dangerous.

"Lawfully stopped vehicles are subject "to limited searches of the passenger compartment "for weapons which may be within reach of the passenger.

"And unlocked compartments may be searched "without a warrant immediately following the arrest "of the occupants of the vehicle.

"The officer may search without a warrant "to assist an injured or unconscious person, "or to find a dangerous item like a bomb.

"Public high school students may be searched "without a warrant and with less than probable cause "if school officials have a reasonable suspicion "that a particular student has violated school rules "or the law."

- [Kim] I get it.

- Get what?

- [Kim] They didn't want us to get the wrong idea.

- Who?

- The Washington State Supreme Court.

If people don't know when their rights are been violated, then they won't be able to do anything about it.

That's what I said those concert searches were unreasonable.

- So your aunt Margaret gave you some good information?

- Well yeah, I mean, you may not think so.

- Oh now, you'd be surprised what I think.

- Well, Aunt Margaret said that our Fourth Amendment rights might have been violated.

- They might have been.

Hey now, just because a cop or an FBI agent or even a teacher has a reason to search someone, that don't mean they can just go ahead and do it, not in this country, not without considering the rights of the individual.

I suppose it'd be easier being a cop in some country where the citizens don't have any rights, but I wouldn't want to live there and I wouldn't want you to either.

- Are you serious?

- Surprised, huh?

You see, honey, it's so important for you to know your rights because we make mistakes sometimes and it's up to you to point them out.

- Well, I think it's a mistake for you not to buy me a car.

(Dad chuckling) - That's clever.

- I mean it, Dad, if I'm such a good citizen and all.

- Don't push it, Kim.

- Oh, Dad.

- A great man once said, "Eternal vigilance is the price of liberty."

The Fourth Amendment is a part of our Constitution which requires vigilant study.

For example, recently the Supreme Court handed down rulings which directly affect the way the Fourth Amendment is applied.

Evidence which used to be inadmissible is now being allowed in criminal trials.

Would the men and women who fought British tyranny 200 years ago approve of this change?

What does it mean to ordinary citizens like you and me?

Find out about it.

Think about it.

Talk about it.

(relaxing humming music)