Happy 2011 everyone.  I am not one for resolutions as why not take the year to be mindful of every action than deciding on one random day to take a few different paths that basically expire as of January 10th?  In any event, let’s take a look at the 4th amendment. Why, I don’t know but it’s always nice to take a look back at the Constitution at the beginning of the year. Also, I must mention that I am not sad Brett Favre is getting sued for sexual harassment (and I just read his sister got arrested – WTF!). I am so glad the guy is getting called out. I digress. Back to the 4th amendment.

In case you have forgotten,  the 4th amendment states “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.”

So, what happens if you are sitting at home, doing something illegal of sorts and the police bust down your door? Would you be arrested? In Kentucky, Hollis King and his friends were doing just that when it just so happened that the police were chasing another criminal and mistakenly busted down Hollis’ door.  He and his friends were arrested but the Kentucky Supreme Court threw out the evidence against King ruling that the police did not have cause to bust into his house without a warrant. Was justice served? It isn’t as if King wasn’t doing anything wrong BUT, if the police wanted to bust down his door, they should have followed proper procedure. While I am all for punishment if you are doing something illegal, there is something to be said for freedom from the police just busting in your door at any point.

Or consider the case against Gregory Diaz, whose smartphone was accessed without a warrant when he was arrested on a drug charge in California.  Are any incriminating texts and emails admissible as evidence against him?  According to the Supreme Court, apparently so.  How about if they find evidence of another other crime – such as murder or tax evasion?  Sounds like we should all leave our wallets, phones and purses at home if we have anything to hide from Big Brother.

And for those of you who feel violated by the newly more molesting eyes of TSA, there’s line of underwear that’s got your back, I mean, ass.  Supposedly it protects your personal areas from prying eyes by emblazoning the 4th amendment in metallic ink across key areas.  Anyone interested in metallic pasties?  Going once, going twice…