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There is a very delicate balance between our judicial system’s need to gather evidence and a person’s natural rights (rights every person has, not permissions granted by government) enshrined in the U.S. Constitution’s Bill of Rights. The Fourth Amendment to our Constitution guarantees each citizen’s right to “be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures”. The key word is unreasonable. The amendment, and significant case law, goes on to list how a search or arrest warrant may be legally issued. As a Justice of the Peace, one of my most solemn duties is to ensure the law is followed while protecting the rights of the citizen. Indeed, as the Supreme Court opined in Boyd v. United States (1886), “It is the duty of courts to be watchful for the constitutional rights of the citizen, and against any stealthy encroachments thereon”.
