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The Fourth Amendment of our Constitution addressed that unalienable right of privacy.

Paul G. Summers| Guest Columnist

The FBI is using Best Buys Geek Squad as informants

Does it violate the Fourth Amendment?

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Editor's note:This is a regular feature on issues related to the Constitution and civicswritten by Paul G. Summers,retired judge and state attorney general.

The U.S. Constitution is the supreme law of America. Amendments are part of the Constitution. The first 10 Amendments, or Bill of Rights, were submitted to the state legislatures in September 1789. The Bill of Rights was ratified in December 1791.

Amendment Four to the United States Constitution prohibits the government from unreasonable searches and seizures and provides that warrants shall issue based upon probable cause.

Amendment IV. The right 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.

Before the Revolutionary War, Great Britain considered America to be a financial investment; and colonists had few rights, including rights against invasion of privacy into their own homes. Writs of assistance could easily be issued by the government for searching and seizing, irrespective of probable cause. If an official or agent just thought there was contraband in any place, they could seize and seize. The Fourth Amendment of our Constitution addressed that unalienable right of privacy.

Courts since 1791 have determined what is or is not probable cause as well as when warrantless searches and seizures are allowed. These rules apply to the states as well as the federal government.

For example, if a person is suspected of having committed a felony, he can be arrested without a warrant. As another example, if she is suspected of having committed a misdemeanor; and it was committed in the officers presence, she can be likewise arrested in most jurisdictions. If he or she is arrested properly, then searches incident to arrest are allowable.

Likewise, searches without warrants are allowed if contraband or evidence is in plain view; and the officer did not create the opportunity for a plain view exception. There are several warrant exceptions. But officials should procure a warrant from a neutral and detached magistrate if there is probable cause, and it can be done timely.

The Constitution and Amendments are the supreme law of the land. The judicial branch, headed by the Supreme Court, is the independent branch of our federal government.

Judges decide controversies on the rule of law. They act as checks and balances on abuse of power by any of the branches, whether by act or action. I have argued on behalf of my State in a capital murder case before the U.S. Supreme Court. I can attest to the solemnity of the highest court in our land.

The Courts decision on the Constitution is final. The Court hears about 2% of all applications for permission to appeal each year. All cases are important and decide issues the parties could not decide. The Courts decision is final, and it means much to some person or sometimes millions of people.

We shall continue in our next column with the Fifth Amendment. Please study the Constitution.

Paul G. Summers, lawyer, is a former appellate and senior judge; district attorney general; and the Attorney General of Tennessee. Raised in Fayette County, he resides in Holladay and Nashville.

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Why the Founding Fathers passed the Fourth Amendment to the ... - Tennessean