The best example of why we should care is found right here in our own backyard. David Eckert! You can read the full story and the gory details here: https://www.huffingtonpost.com/2013/11/05/david-eckert-enema-colonoscopy-drugs-traffic-stop_n_4218320.html. Does “clinching” your buttocks constitute conduct that gives rise to probable cause? Apparently in this day and age it does. What is so concerning is that if can happen to Mr. Eckert it can happen to any of us. While I have nothing to hide, I certainly don’t want to be subjected to enemas and a colonoscopy on the suspicion that I did something wrong. This is exactly what the Fourth Amendment is supposed to protect against. Still not convinced? Still asking why should I care? So give yourself the colonoscopy test. Are you willing to subject yourself to a colonoscopy? If so then maybe you really don’t care. But, if you are like the rest of us, that is a procedure we can do without, especially one that is directed at us from the police. So next time you think about the importance of the Fourth Amendment give some serious thought how the Fourth Amendment can really cover your butt from unwanted searches and seizures. Yes the pun was intended! If it can happen to Mr. Eckert it could happen to any of us.
Until Next Time,
David A. Standridge