Police Magazine Logo
MenuMENU
SearchSEARCH

Fourth Amendment Blues

Essentially, because of the Fourth Amendment to the Constitution, you are damned if you do and damned if you don't. And the public has no sympathy whatsoever for your precarious position.

Fourth Amendment Blues

Photo via Chuck Coker/Flickr.

4 min to read


Two recent events—the Boston Marathon bomber manhunt and the Cleveland kidnappings—illustrate the complicated relationship between the Bill of Rights and effective crime fighting. Essentially, because of the Fourth Amendment to the Constitution, you are damned if you do and damned if you don't. And the public has no sympathy whatsoever for your precarious position.

There was a time in Colonial America when the authorities could break into anyone's home in search of criminals or, more likely, revenue. The king's tax collectors accompanied by the king's soldiers would barge into people's dwellings and businesses without warrants and take inventory of their belongings and merchandise to ensure that the appropriate excise tax was paid on said goods.

Ad Loading...

A sense of outrage regarding the king's authorities and their warrantless searches carried over after the American Revolution and was the impetus for the Fourth Amendment to the Constitution. The Fourth Amendment prohibition against warrantless search and seizure is one of the fundamental rights of all Americans. It's also the grounds for many "civil rights violation" lawsuits filed against law enforcement officers, agencies, and the government entities that employ officers. The Fourth Amendment comes into play in bad searches and bad arrests.

Quite frankly, the Fourth Amendment can be a hindrance to crime fighting. It's the reason that a bad search can lead to evidence against a suspect being thrown out of court. It's why you can't just search a guy's car at a traffic stop when every fiber of your body tells you that he is up to no good. It's also why the police in the Boston area and the city of Cleveland are being criticized for the ways they handled the manhunt for the Marathon bombers and the investigation into the abductions of three young women.

Former congressman and Libertarian hero Ron Paul has slammed the methods that law enforcement agencies used in the manhunt for the second Boston Marathon Bombing suspect. Paul argued that law enforcement ordered a lockdown of Boston and its suburbs and systematically violated the Fourth Amendment with searches of homes and businesses. But his argument does not stand the accuracy test. The lockdown was actually voluntary and the searches were conducted with the appropriate constitutional permissions. Still, Paul and his ilk believe that what happened in Boston after the bombing smacked of a police state.

The Cleveland kidnappings present an even more complicated portrait of how the Fourth Amendment hinders crime fighting and opens you up to criticism, regardless of your actions. As almost everyone knows from media coverage, three young women were reportedly kidnapped and held as sex slaves for more than 10 years. Neighbors of the suspect blame police for failing to follow up on complaints about the house. They say they informed police that they heard banging inside the supposedly empty home, that they saw its single known resident bringing in lots of fast food, that the house's windows were covered with black plastic, and that they saw naked women on leashes in the backyard.

There is no evidence that the Cleveland Division of Police received these complaints or that the house or its owner were on the radar of detectives investigating the kidnappings. But let's suppose that the house was an investigative target and the complaints were investigated. It's doubtful that it would have made any difference. Only one of these complaints, the one about naked women in the backyard, likely would have resulted in a warrant from a lenient judge. The others taken singularly and with no other evidence would probably have not met the hurdle of probable cause.

Ad Loading...

Critics in Cleveland believe the police should have done something. Critics of the Boston PD and other agencies involved in the bomber manhunt believe they did too much.

And it all comes down to the Fourth Amendment, one that you swore an oath to defend, regardless of how difficult it makes your job. As Americans we wouldn't have it any other way, except when our loved ones are the victims of criminals. Then we'll scream at you and ask you why you didn't do something.

Subscribe to our newsletter

More Patrol

Group of men and women seated in a circle around a room as one woman stands and leads discussion.
PatrolApril 9, 2026

Warriors Heart’s Mission to Serve America’s Veterans and First Responders

Warriors Heart works closely with federal and community partners to expand treatment options for veterans and first responders. By combining specialized clinical care with a peer-driven recovery environment, the program helps warriors rebuild strength, restore relationships, and rediscover purpose.

Read More →
Black background with police card lights and logo for POLICE, with headline in yellow: How are LE Boots Different for Women
Patrolby Wayne ParhamApril 9, 2026

How are LE Boots Different for Women?

Boots fit differently for men and women, so how are law enforcement boots for women designed differently from those worn by men? In this video, Kyle Ferdyn, of Garmont Tactical, shares all the details.

Read More →
Man standing in desert talking on radio.
PatrolApril 9, 2026

Motorola Solutions Extends Resilient, Mission-Critical Communications and AI with T-Satellite from T-Mobile

A collaboration between Motorola Solutions and T-Mobile helps deliver uninterrupted situational awareness and access to AI wherever the mission leads, enabled by satellite connectivity for Motorola Solutions' APX NEXT smart radios.

Read More →
Ad Loading...
Las Vegas skyline at dusk with headline 2026 Vision FirstNet Users Summit, dates for the event, and diagonally at bottom right words Registration Open.
PatrolApril 9, 2026

Registration Now Open for 2026 Vision FirstNet Users Summit

Registration is now open for the 2026 Vision FirstNet Users Summit. The Summit is an opportunity to connect with local and federal leaders, specifically the FirstNet Authority, which is hosting a track at the event this year.

Read More →
Two chest rig packs in camo in front of a blue themed SWAT background and a logo for Tasmanian Tiger.
PatrolApril 6, 2026

Tasmanian Tiger Launches Modular Chest Rig 4xM4 & Modular Chest Rig Pack for LE

Tasmanian Tiger has expanded its Modular Load-Carrying System with the new Modular Chest Rig 4xM4 and Modular Chest Rig Pack. Both provide adaptable, low-profile load options for military, law enforcement, and SWAT missions.

Read More →
Security worker watching computer monitors, with a white area at top with a logo for ZeroEyes.
PatrolApril 2, 2026

ZeroEyes Expands from AI Gun Detection to Knife Detection & Suspect Tracking

ZeroEyes has launched three new product categories to extend beyond firearms to address additional acute safety threats and basic security needs. Knife detection and suspect tracking are now also available.

Read More →
Ad Loading...
GALLS logo against a white box set atop a blue-tinted map of Tennessee.
PatrolApril 2, 2026

GALLS Acquires CMS Uniforms

GALLS has acquired CMS Uniforms and Equipment, Inc., a prominent regional provider based in Nashville, Tennessee. CMS Uniforms, founded in 2000, has built a reputation for delivering stellar customer service and managing complex uniform programs for more than 670 accounts.

Read More →
Police drone hovering over its charging nest against a blue sky background.
PatrolMarch 26, 2026

Brinc Unveils Guardian, Launching the Next Era of Drone as First Responder

Brinc’s new Guardian delivers 24/7 operations, Starlink connectivity, and a robotic charging nest that can swap batteries and change payload configurations without human intervention.

Read More →
image of trooper, shown from waist down, standing beside a police cruiser along the road and at right a headline Slow Down Move Over.
PatrolMarch 19, 2026

Colorado State Patrol Releases 2025 Struck-By Analysis

The Colorado State Patrol, after analyzing its 2025 struck-by incidents, identified one area for improvement: using traffic cones to provide advanced warning before the cruiser's location. Here is the agency’s final data.

Read More →
Ad Loading...
Image of a group of men in business attire receiving an award set against a black background and a Streamlight logo up top.
PatrolMarch 19, 2026

Streamlight Names 144th Marketing Group Law Enforcement Sales Rep Agency of the Year

Streamlight has recognized the 144th Marketing Group as its 2025 Sales Rep Agency of the Year Award for the Law Enforcement market.

Read More →