The 4th Amendment

However, while people may be learning about some of their rights from action-packed sources such as this show, few people truly understand the protections that we, as citizens, do have. The 4th amendment probably exists in 99% of the COPS shows and criminal justice and legal based shows that flash across your TV screen. The 4th amendment protects you and I against unreasonable searches and seizures.

You’re driving home from a night out with some of your friends. You’ve had a few drinks and aren’t as alert as you should be. Suddenly, there are lights flashing from behind you. You find yourself pulling over to the side of the road and before you know it, the police officer standing at your window is smelling alcohol on your breath and clothing. They ask you to step out of your vehicle.

Does that officer have the right to search your vehicle? Based on the fact that you blatantly smell like alcohol, yes, they have probable cause to do so. However, if you’re simply driving home from work and get pulled over and the officer asks you to step out of the vehicle because they want to search your car, no, there is no reason for them to search your car. The 4th amendment protects you against that.

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