Here's why innocent people still need to protect their 4th amendment rights
By Taskr36
@Taskr36 (13963)
United States
January 23, 2010 9:32am CST
Two New York men were locked up and left in a jail cell for nearly a week after police officers mistook their candy for a bag of crack.
How did this happen. Well police accused these guys of having drugs and asked to search their van. Now, being completely innocent, these guys didn't see the harm in letting the police violate their 4th amendment rights against unlawful search and seizure. The owner of the van opened the door and allowed the cops to search.
An officer rummaged around, came out holding a "Hello Kitty" sandwich bag, and shouted "Bingo!" the men said.
Of course the guys insisted that it was only candy and asked if the police could test it so they could be allowed to go on their way. The officers told them to shut up, arrested them, and let them sit in jail for several days. The last time I heard a story like this it was a car with powdered yogurt in the trunk.
I'm sure we've all heard the line "If you're not guilty you have nothing to hide." The next time someone tries to convince you to give up your rights against unlawful searches, just remember this. A perfectly innocent person can go to jail if an overzealous cop is given permission to violate their rights.
5 people like this
12 responses
@xfahctor (14118)
• Lancaster, New Hampshire
23 Jan 10
"If you're not guilty you have nothing to hide"
I hear this all the time. "I dont have anything to hide", "let them listen in on me", "let them look", "let them read my my stuff"...It's servile and slavish. It doesn't matter if one has something to hide or not. It matters that you have the right to not have to prove you dont have anythng to hide with out due process and being justifiably suspected.
1 person likes this
@Taskr36 (13963)
• United States
23 Jan 10
Yup, that phrase became especially popular when the Patriot Act went through. Pretty sad how quickly people are willing to dump their rights.
Nowadays even retail stores have convinced people to give up that right by having an employee inspect your bag as you leave the store. In reality they can't legally search your bag after you've paid for your purchases without reasonable suspicion that you are shoplifting. I personally walk right past those people all the time, especially around holidays as I refuse to wait in line for someone to violate my rights.
Of course they've called cops on people for doing that claiming that the very fact you walked out without stopping gives them reasonable suspicion.
1 person likes this
@xfahctor (14118)
• Lancaster, New Hampshire
23 Jan 10
lol, yeh I usualy walk right by the walmart cops. I have never had the real cops called on me over it but they do get kinda ugly over it. Too bad. If you think I was shoplifting, call the cops, have them come with a warrant, otherwise, go stock some shelves or something.
1 person likes this
@Destiny007 (5805)
• United States
23 Jan 10
Oh yeah... I see a massive lawsuit in New York's immediate future.
Civil rights violations and false arrest, illegal search and seizure... all of these things add up to a loud Ka-Ching! for the unfortunate fellows who had their rights violated.
They also should demand the firing of the officers involved as a part of any settlement.
Down with tyranny and the Fascist Police State!
1 person likes this
@Taskr36 (13963)
• United States
23 Jan 10
Sadly police are almost never fired for such things. Police have very powerful unions that aggressively defend them regardless of their actions. Look no further than Alaska State Trooper Wooten to see exactly how much a cop can get away with in some places.
1 person likes this
@loved1 (5328)
• United States
23 Jan 10
I am amazed they had to sit in jail for a nearly a week. Did it really take nearly a week for the authorities to find out it was only candy in the bag? I am not one of those people who would sue someone over just any little thing, but I thing I would be screaming about this injustice from the rooftops. Were these guys given the opportunity to contact a lawyer? Were there other charges pending? I don' think we have the whole story here. I have not heard of someone being imprisoned for a week just because of mere speculation. If that is truly the case I hope those officers lose their jobs and the wrongly accused men leave with a pile of money.
@loved1 (5328)
• United States
23 Jan 10
Oh they absolutely should have tested it right there. I know you can be held until you make bail, but usually don't they need to actually arrest you for something? You would think they would just bring them in on suspicion and hold them for a short time. This whole situation is crazy. I know tons of people who carry perfectly innocent things around in baggies from time to time. If you check any mother's diaper bag there may be baggies of formula, powdered drink mixes or other items which could be mistaken for a controlled substance. What is the world coming to?
@Thoroughrob (11742)
• United States
25 Jan 10
This is so wrong. It is even more wrong that the department let it happen. My son has trouble with diaper rash and we carry a baggie of corn starch. I suppose we could get picked up for that too.
@spalladino (17891)
• United States
23 Jan 10
I couldn't agree with you more, taskr, you should never give up a right just because you feel intimidated or because someone asks nicely. When my son was a teenager he ran with some bad kids for awhile. I had officers at my front door twice asking to talk to him. Nope. "Can we speak to you inside?" Nope. "Would you bring him down to the station, we just have a few questions to ask him?" Nope. Come back with a warrant if you have something to charge him with. That's around the time I sent him to live with his father. 
1 person likes this
@dorannmwin (36392)
• United States
25 Jan 10
It is so sad to hear that the two men had to spend a week in jail for a crime that they never even committed. Yes, you have brought forth a very valid point that we should always exercise our rights because it is easy to take advantage of us when we are being the honest citizens that we are. What makes this whole story worse is the fact that the men will not be paid any kind of restitution for the fact that they were jailed and innocent.
@cream97 (29087)
• United States
24 Jan 10
Hi, Taskr36. That is very wrong of those police officers! They should have given these men a chance. They should have taken the time to test out the bag and see if it indeed was candy in it. That is what they are supposed to do, test and view... I don't understand for the likes of people, how they call themselves law official officers and they can't even do their job correctly even if the state paid them. It is a shame that cops just want to lock someone up without finding all of the evidence that will link a person to a crime. It is sad that this has happened. I hope that these two New York men sue them for all that they got! No one is going to do this to me and get away with it. I will, for sure, go for their badges!
No one is going to do this to me and get away with it. I will, for sure, go for their badges!
@menolly22 (217)
• United States
23 Jan 10
That is ridiculous and sad that those people had to stay in jail and were even arrested. Those cops sound like idiots. I'm guessing since this was made public that those police officers were probably reprimended in some sort of way (ie: suspension, write up, etc).
And for as many horror stories as we hear about dirty cops, it's hard to remember that there are so many good ones out there that still out number the bad
@vjypathania (312)
• India
23 Jan 10
Law definitely provide us the right but what if the person who is appointed to protect the law is doing such thing.
There must be one independent body who take care that the police is doing the rignt thing and also there must be some law which help co-man man against such deed.
