Fourth Amendment Freedoms are Being Choked, Guilty until Proven Innocent – Center for Research on Globalization
The Fourth Amendment was designed to stand between us and arbitrary governmental authority. For all practical purposes,that shield has been shattered, leaving our liberty and personal integrity subject to the whim of every cop on the beat, trooper on the highway and jail official.Herman Schwartz,The Nation
Our freedomsespecially the Fourth Amendmentare being choked out by a prevailing view among government bureaucrats that they have the right to search, seize, strip, scan, shoot, spy on, probe, pat down, taser, and arrestanyindividual atanytime and for theslightestprovocation.
Such is life in America today that Americans are being made to relinquish the most intimate details of who we areour biological makeup, our genetic blueprints, and our biometrics (facial characteristics and structure, fingerprints, iris scans, etc.)in order to clear the nearly insurmountable hurdle that increasingly defines life in the United States:we are now guilty until proven innocent.
Forced cavity searches, forced colonoscopies, forced blood draws, forced breath-alcohol tests, forced DNA extractions, forced eye scans, forced inclusion in biometric databases: these are just a few ways in which Americans are being forced to accept that we have no control over our bodies, our lives and our property, especially when it comes to interactions with the government.
Consider, for example, what happened to Utah nurse Alex Wubbels after a police detective demanded to take blood from a badly injured, unconscious patient without a warrant.
Wubbels refused, citing hospital policy that requires police to either have a warrant or permission from the patient in order to draw blood. The detective had neither. Irate, the detective threatened to have Wubbels arrested if she didnt comply. Backed up by her supervisors, Wubbels respectfully stood her ground only to beroughly grabbed, shoved out of the hospital, handcuffed and forced into an unmarked carwhile hospital police looked on and failed to intervene (take a look at the policebody camera footage, which has gone viral, and see for yourself).
Michael Chorosky didnt have an advocate like Wubbels to stand guard over his Fourth Amendment rights. Chorosky was surrounded by police, strapped to a gurney and thenhad his blood forcibly drawn after refusing to submit to a breathalyzer test.
What country is this? What country is this? cried Chorosky during the forced blood draw.
What country is this indeed?
Unfortunately, forced blood draws are just the tip of the iceberg when it comes to the indignities and abuses being heaped on Americans in the so-called name of national security.
Forced cavity searches, forced colonoscopies and forced roadside strip searches are also becoming par for the course in an age in which police are taught to have no respect for the citizenrys bodily integrity whether or not a person has done anything wrong.
For example, 21-year-old Charnesia Corley wasallegedly being pulled over by Texas police in 2015for rolling through a stop sign. Claiming they smelled marijuana, police handcuffed Corley, forced her to strip off her pants, threw her to the ground,forced her legs apartand then probed her vagina. The cavity search lasted 11 minutes. This practice is referred to as rape by cop.
David Eckert was forced to undergoan anal cavity search, three enemas, and a colonoscopyafter allegedly failing to yield to a stop sign at a Wal-Mart parking lot. Cops justified the searches on the grounds that they suspected Eckert was carrying drugs because his posture [was] erect and he kept his legs together. No drugs were found.
During a routine traffic stop, Leila Tarantino was subjected to two roadside strip searches in plain view of passing traffic, while her two childrenages 1 and 4waited inside her car. During the second strip search, presumably in an effort to ferret out drugs,a female officer forcibly removed a tampon from Tarantino. No contraband or anything illegal was found.
Thirty-eight-year-old Angel Dobbs and her 24-year-old niece, Ashley, werepulled over by a Texas state trooperon July 13, 2012, allegedly for flicking cigarette butts out of the car window. Insisting that he smelled marijuana, the trooper proceeded to interrogate them and search the car. Despite the fact that both women denied smoking or possessing any marijuana, the police officer then called in a female trooper, who carried out a roadside cavity search,sticking her fingers into the older womans anus and vagina, then performing the same procedure on the younger woman, wearing the same pair of gloves. No marijuana was found.
Meanwhile, four Milwaukee police officers were charged with carrying out rectal searches of suspects on the street and in police district stations over the course of several years. One of the officers was accused of conducting searches of mens anal and scrotal areas, ofteninserting his fingers into their rectumsand leaving some of his victims with bleeding rectums.
Its gotten so bad that you dont even have to be suspected of possessing drugs to be subjected to a strip search.
Thanks to the U.S. Supreme Courts ruling inFlorence v. Burlison, any person who is arrested and processed at a jail house, regardless of the severity of his or her offense (i.e., they can be guilty of nothing more than a minor traffic offense), can be subjected to a strip search by police or jail officials without reasonable suspicion that the arrestee is carrying a weapon or contraband.
As technology advances, police searches are becoming more invasive on a cellular level, as well, withpassive alcohol sensors,DNA collection roadblocks,iris scansandfacial recognition softwareto name just a few methodsused to assault our bodily integrity.
Americas founders could scarcely have imagined a world in which we needed protection against widespread government breaches of our privacy, including on a cellular level.
Yet thats exactly what we so desperately need.
Unfortunately, as I make clear in my bookBattlefield America: The War on the American People, the indignities being heaped upon us by the architects and agents of the American police statewhether or not weve done anything wrongare just a foretaste of what is to come.
See original here:
Fourth Amendment Freedoms are Being Choked, Guilty until Proven Innocent - Center for Research on Globalization
- Too poor for privacy? People v. Maki and the tent as a Fourth Amendment frontier - Daily Journal - October 28th, 2025 [October 28th, 2025]
- Traffic Stops, Terry Stops, Policing, the Fourth Amendment, and Your Rights - Legal Talk Network - October 24th, 2025 [October 24th, 2025]
- There goes the fourth amendment - The Tartan - October 24th, 2025 [October 24th, 2025]
- Hoover Webinar with Orin Kerr on His "The Digital Fourth Amendment" - Reason Magazine - October 21st, 2025 [October 21st, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - Live 5 News - October 19th, 2025 [October 19th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - WLBT - October 19th, 2025 [October 19th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - WIS News 10 - October 19th, 2025 [October 19th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - WDTV 5 - October 19th, 2025 [October 19th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - localnewslive.com - October 17th, 2025 [October 17th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - WCTV - October 17th, 2025 [October 17th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - fox10tv.com - October 17th, 2025 [October 17th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - WABI - October 17th, 2025 [October 17th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - fox8live.com - October 17th, 2025 [October 17th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - WSAZ - October 17th, 2025 [October 17th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - WAVE News - October 17th, 2025 [October 17th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - WAFB - October 17th, 2025 [October 17th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - KY3 - October 17th, 2025 [October 17th, 2025]
- Opinion | To the Fourth Amendment: You Were Great While We Knew You - Common Dreams - October 13th, 2025 [October 13th, 2025]
- Treasury Department surveillance at the southern border faces Fourth Amendment challenges - Reason Magazine - October 9th, 2025 [October 9th, 2025]
- Commentary: The Fourth Amendment will no longer protect you - The Daily Gazette - October 4th, 2025 [October 4th, 2025]
- Establishment Labs Holdings Inc. Enters into Fourth Amendment to Credit Agreement and Guaranty with Oaktree Fund Administration, LLC - MarketScreener - October 4th, 2025 [October 4th, 2025]
- The Fourth Amendment and Immigration Raids: Whats the Law After The Supreme Courts Shadow Docket Ruling? - Stanford Law School - September 25th, 2025 [September 25th, 2025]
- 'Against The Principles Of The Fourth Amendment' 80,000 AI Cameras Track Americans Daily As CEO Claims He Can Eliminate All Crime In 10 Years - Yahoo - September 21st, 2025 [September 21st, 2025]
- 'Against The Principles Of The Fourth Amendment' 80,000 AI Cameras Track Americans Daily As CEO Claims He Can Eliminate All Crime In 10 Years -... - September 19th, 2025 [September 19th, 2025]
- The Supreme Court erased the Fourth Amendment by OKing Trumps immigration sweeps - MSNBC News - September 17th, 2025 [September 17th, 2025]
- Listen: Ali Velshi Explains How The Supreme Court Punched a Hole in The Fourth Amendment - The Philadelphia Citizen - September 17th, 2025 [September 17th, 2025]
- Port: We do not have Fourth Amendment rights if the government can punish us for exercising them - InForum - September 11th, 2025 [September 11th, 2025]
- North Carolina city declares itself a Fourth Amendment Workplace amid immigrant fears - Greensboro News and Record - September 9th, 2025 [September 9th, 2025]
- Prof Brandon Garrett reviews Orin Kerrs The Digital Fourth Amendment Lawfire - Sites@Duke Express - September 6th, 2025 [September 6th, 2025]
- Short Circuit 389 | On Walden Fourth Amendment - The Institute for Justice - August 18th, 2025 [August 18th, 2025]
- Trump's Immigration Crackdown Imperils the Fourth Amendment Rights of U.S. Citizens - Reason Magazine - August 6th, 2025 [August 6th, 2025]
- 'The Fourth Amendment is nothing new': Judge torches Trump admin for using 'apparent race or ethnicity' to conduct immigration raids in California,... - July 14th, 2025 [July 14th, 2025]
- ICE detainee to appear in Missoula court arguing about violation of Fourth Amendment and racial profiling - FOX 28 Spokane - July 12th, 2025 [July 12th, 2025]
- The Fourth Amendment and Sport: Holding, Offsides, and Illegal Contact Dont Always Happen on the Field of Play - The National Law Review - June 24th, 2025 [June 24th, 2025]
- Listen for Free to the First Hour of "The Digital Fourth Amendment" - Reason Magazine - June 20th, 2025 [June 20th, 2025]
- New Montana Law Blocks the State From Buying Private Data To Skirt the Fourth Amendment - Yahoo - May 22nd, 2025 [May 22nd, 2025]
- New Montana Law Blocks the State From Buying Private Data To Skirt the Fourth Amendment - Reason Magazine - May 19th, 2025 [May 19th, 2025]
- Revised Version of "Data Scanning and the Fourth Amendment" - Reason Magazine - May 15th, 2025 [May 15th, 2025]
- Fourth Amendment lawsuit: Michigan man claims officials tricked him into waiving rights - MLive.com - May 15th, 2025 [May 15th, 2025]
- Border Patrol to retrain hundreds of California agents on how to comply with the Fourth Amendment - Stocktonia - April 16th, 2025 [April 16th, 2025]
- Two women sue police officer, City of Reno for alleged Fourth Amendment violations - This Is Reno - March 15th, 2025 [March 15th, 2025]
- New Draft Article: "Data Scanning and the Fourth Amendment" - Reason - March 15th, 2025 [March 15th, 2025]
- Examining the Fourth Amendment in a digital world - FOX 5 DC - March 9th, 2025 [March 9th, 2025]
- Geofencing, High Tech Surveillance and the Future of the Fourth Amendment - Law.com - March 9th, 2025 [March 9th, 2025]
- Justices Sotomayor and Gorsuch on the Fourth Amendment and Misdemeanor Arrests - Reason - February 25th, 2025 [February 25th, 2025]
- The Why Behind the Fourth Amendment Makes One Appreciate the Need, by Matthew Mangino - Creators Syndicate - February 25th, 2025 [February 25th, 2025]
- City of La Crosse settles lawsuit involving three police officers over alleged Fourth Amendment violation - News8000.com - WKBT - February 25th, 2025 [February 25th, 2025]
- Loopholes, DNA Collection and Tech: Does Your Consent as a User of a Genealogy Website Override Another Persons Fourth Amendment Right? - Law.com - February 5th, 2025 [February 5th, 2025]
- Daytona Beachs AI surveillance threatens Fourth Amendment rights - The West Volusia Beacon - February 1st, 2025 [February 1st, 2025]
- Oswego Village Board approves fourth amendment to Reserve at Hudson Crossing redevelopment agreement, second building set for construction in the... - January 27th, 2025 [January 27th, 2025]
- US DOJ Report on Mt. Vernon Police Department Finds highly intrusive strip searches were a gross violation of the Fourth Amendment on an enormous... - December 25th, 2024 [December 25th, 2024]
- Permissibility of Cross-Border Share Swap: Understanding the Fourth Amendment of the NDI Rules and its Implications - SCC Online - November 23rd, 2024 [November 23rd, 2024]
- Does the Fourth Amendment protect smartphone users? - Lewiston Morning Tribune - October 12th, 2024 [October 12th, 2024]
- The Fourth Amendment shouldn't stop once you get up to drone level: Albert Fox Cahn - Fox Business - September 21st, 2024 [September 21st, 2024]
- The Reasonableness of Retaining Personal Property Post-Seizure and the Ascendancy of Text, History, and Tradition in Fourth Amendment Jurisprudence -... - September 21st, 2024 [September 21st, 2024]
- Gujarat's Proposes Fourth Amendment To Net Metering Regulations For Rooftop Solar Systems Up To 100 KW - SolarQuarter - July 26th, 2024 [July 26th, 2024]
- Nearly 96% of Private Property Is Open to Warrantless Searches, New Study Estimates - Reason - March 15th, 2024 [March 15th, 2024]
- Heres what to do (and not do) if you get pulled over in California. What are my rights? - Yahoo Movies Canada - December 12th, 2023 [December 12th, 2023]
- FBI Seized $86 Million From People Not Suspected Crimes. A Federal Court Will Decide if That's Legal. - Reason - December 12th, 2023 [December 12th, 2023]
- Digital justice: Supreme Court increasingly confronts law and the internet - Washington Times - December 12th, 2023 [December 12th, 2023]
- MCHS goes on lockout after weapons found on campus - Mineral County Independent-News - November 19th, 2023 [November 19th, 2023]
- Cops Stormed Into a Seattle Woman's Home. It Was the Wrong ... - Reason - November 19th, 2023 [November 19th, 2023]
- Ron Wyden, U.S. Senator from Oregon The Presidential Prayer ... - The Presidential Prayer Team - November 19th, 2023 [November 19th, 2023]
- Bill Maher Slams Critics of the West Amid Israel Conflict: Marginalized People Live Better Today Because of Western Ideals (Video) - Yahoo... - November 5th, 2023 [November 5th, 2023]
- Surveillance authority change could harm ability to stop attacks, FBI ... - Roll Call - November 5th, 2023 [November 5th, 2023]
- New York's progressive chief judge joins with conservatives to ... - City & State - November 5th, 2023 [November 5th, 2023]
- Should domestic abusers have gun rights? | On Point - WBUR News - November 5th, 2023 [November 5th, 2023]
- The Biden administrations latest executive order calls for a ... - R Street - November 5th, 2023 [November 5th, 2023]
- DPS Presents Purple Hearts, Medal of Valor and Other Prestigious ... - the Texas Department of Public Safety - November 5th, 2023 [November 5th, 2023]
- Senators Katie Britt and John Kennedy Call for Investigation into ... - Calhoun County Journal - October 15th, 2023 [October 15th, 2023]
- Trump and Section 3 of the Fourteenth Amendment: An Exploration ... - JURIST - October 15th, 2023 [October 15th, 2023]
- Expert Q&A with David Aaron on FISA Section 702 Reauthorization ... - Just Security - October 15th, 2023 [October 15th, 2023]
- A Constitution the Government Evades - Tenth Amendment Center - October 15th, 2023 [October 15th, 2023]
- Imagine If Feds Hunted More Real Terrorists, Not Conservatives - The Federalist - October 15th, 2023 [October 15th, 2023]
- Lake Orion Voters Could Decide Removing TIF Funding for ... - Oakland County Times - August 24th, 2023 [August 24th, 2023]
- A marriage of convenience: Why the pushback against a key spy program could cave in on progressives - Yahoo News - August 24th, 2023 [August 24th, 2023]
- Iowa Public Information Board accepts one complaint against ... - KMAland - August 24th, 2023 [August 24th, 2023]
- Burleigh County weighs OHV ordinance to crack down on reckless ... - Bismarck Tribune - August 8th, 2023 [August 8th, 2023]
- AI targets turnstile jumpers to fight fare evasion, but experts warn of ... - 1330 WFIN - August 8th, 2023 [August 8th, 2023]
- As of July 1, police won't be able to stop people for smell of cannabis - The Baltimore Banner - May 20th, 2023 [May 20th, 2023]