Today we continue our series on the Bill of Rights by looking at two more specific amendments and how they apply to our liberties; specifically, the Fourth and Sixth Amendments.

Imagine you are driving a car and an officer pulls you over for speeding. Upon approach he notices a bumper sticker on your car he doesn’t like. So, he orders you out of the car so he can search it for evidence of a crime. Can the officer do that?

 Well, the Fourth Amendment reads: “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.”  The Fourth Amendment places limits on the government whenever it detains or searches a person or property, in order to protect a citizen’s privacy and security. It prohibits the government from entering someone’s home, car, or personal property without a valid warrant or probable cause.

Is there ever a time when a search is acceptable if the government has no suspicion that a person has done something wrong? Lest you answer “never,” think of airport security. Isn’t it okay for the government to screen people before getting on airplanes? Enter AI and drones, which creates valid privacy concerns about the use of aerial surveillance, whether by piloted aircraft or drones.  AI algorithms are being used to mine data looking for suspicious activity. The extent of the Fourth Amendment is surely going to be tested on these grounds. Advancing technology and the many threats that face society means that the Fourth Amendment will continue to play a valuable role protecting your rights well into the future.

Now, imagine a situation where you are falsely accused and arrested for a crime. You discover that others in your situation have sat in jail indefinitely without a trial. However, they permit you to have a trial but can’t tell you how far in the future that it might be. You desire to call a competent attorney to represent you, but you are told you have no right to legal counsel or representation. You think, well I have witnesses. But then you are told your witnesses will not be allowed to testify. So, you think at least I will have an impartial jury of my peers, only to learn that the jury will be hand-picked by the prosecutor. Further still, you find out that your trial will be conducted in secret. You get the sinking feeling that the trial is rigged and the government will just read the charges and send you to prison. No cross examination, no confronting of witnesses, no fairness.

That would be life without the Sixth Amendment which guarantees fundamental rights to anyone accused of a crime. These rights include a speedy and public trial, an impartial jury, the right to know the charges brought against them, the right to confront and cross-examine witnesses, and the right to have the assistance of counsel for their defense. The Sixth Amendment guarantees that individuals accused of a crime have certain rights to ensure that the criminal justice system is fair, impartial and just.

May we see the great gift left to us by the founders in the Fourth and Sixth Amendments.

Pr. Ray Ballmann
Glen Rose, Texas