This is a guest blog post from our friends at The Bateman Gibson Law Firm and does not necessarily reflect the views of The Rosenblum Law Firm.
Below is a video of an encounter between a law student and a Portland, Maine police officer. In the video, the student cites several Fourth Amendment rights and the laws that we examine below the video. The name of the video is “Detained for Open Carry, Portland, Maine”
- Terry v Ohio – Protects the Fourth Amendment right to prohibit unreasonable searches and seizures from a police officer. As pertaining to this specific video, the law does have limitations and does not require probable cause as stated in the video, and does not protect from searches or seizures for the purpose of preventing a crime.
- Delaware v Prouse – Protects the Fourth Amendment right that a police officer may not stop a motorist without probable cause for a crime or illegal activity to check identification.
- Brown v Texas – Protects the Fourth Amendment right that a police officer may not demand your identification without being suspicious of criminal conduct.
- Maine Law Title 17-A and 15-A – These two laws refer to Maine’s Criminal Code, which protects citizens from a police officer who unlawful issues a summons. These laws are not the same in every state. There are many states that would require the student to present his permit and proper identification.
- US v DeBerry – This is the only case mentioned that is not a Supreme Court case. It states that a police officer can lawfully conduct a conversation with a citizen, but the officer cannot seize a citizen that is carrying a gun if he is not violating the law.
The Fourth Amendment’s key purpose is to protect citizens against a general warrant. It is wise for all U.S. citizens to understand the rights they are granted by the constitution, and if ever accused of a crime, when seeking counsel, choosing a criminal defense attorney that fully understands your Fourth Amendments rights and is willing to defend them is of the utmost importance.