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The Fourth Amendment? Hmmmm. No, we’ve never heard of that one

By David McElroy · August 14, 2013

Stop and frisk-NYC

After a federal judge ordered the New York City Police Department to stop violating the rights of innocent people, all NYC Mayor Michael Bloomberg could do was whine about the potential dangers of respecting the rights of the innocent.

For more than a decade, New York City police have randomly stopped pedestrians and questioned them, then frisked them for weapons. Bloomberg defends the program as saving lives, but he doesn’t understand that we have constitutional rights that protect us against unreasonable searches. He doesn’t get to decide when to ignore our rights.

Since 2004, NYC police have made 4.4 million stops and frisked 2.3 million people. Federal Judge Shira Scheindlin noted in her ruling that no weapons were found in 98.5 percent of the frisks. That means that nearly all of those 2.3 million people searched for weapons were innocent — and the searches took place without cause and without any guilt on their part.

Under the NYC program, there didn’t have to be any reason to suspect anyone. Police were encouraged to search more and more people — and the real-world results have been that the vast majority of those searched have been young black and Hispanic men. The judge called it a form of racial profiling.

Unfortunately, the judge didn’t order a stop to searching people without cause, because there’s Supreme Court precedent for allowing that. Yes, the justices of the highest court can’t read the text of the Constitution and see that we’re entitled to be free from such searches if we’re not under reasonable suspicion. Here’s what the text of the Fourth Amendment says:

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.

I’m opposed to racial profiling, but I’m just as opposed to unreasonable searches of any person, regardless of race or religion or sex or home planet. We have the right — which the U.S. government acknowledges in the Constitution — to be left alone unless there’s a reasonable suspicion that we’ve done something wrong.

This is another case in which lawyers, politicians and bureaucrats have found ways to explain away the intent of text in the Constitution. Is it any wonder that some of us consider it a dead document? Government pays lip service to it, but then finds any excuses it wants to ignore the intent of the words.

Bloomberg is furious because he alleged that some criminals are caught this way. By his logic, we should allow police to conduct warrantless house-to-house searches for illegal weapons and fugitives. (Hey, they got away with it in Boston recently and few people seemed to object.) There’s no doubt that they’d find some illegal things in those draconian searches, so we can assume that a few crimes might be stopped. But we don’t allow that because none of us want police entering our homes without reason and without warrants to root around looking for wrongdoing.

So why have we put up with it when it comes to NYC’s program? I think it’s simply that it’s been poor blacks and Hispanics who have been targeted. If people who look like me were being targeted, we would fight back in court and in the media. The innocent black and Hispanic victims of this program haven’t had the standing to do that, because a lot of people are willing to assume they’re guilty of something. So people with power in society haven’t had a problem with it, for the most part.

If higher courts uphold the ban on the program, it’s a great step in the right direction. But a better outcome would be ending such searches entirely. They’re wrong and they should be legally banned.

We have the right to be left alone as long as we’re not doing anything criminal. The people who adopted the Bill of Rights specifically put that in there to make sure the right was acknowledged. It’s time that many government employees — from police departments to intelligence agencies — took that right seriously.

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As part of my effort to rid my life of social media, I will no longer display links to my two Instagram accounts here. Those accounts will be dormant for the time being and will eventually be deleted. I plan to have a method for displaying photos here instead, but the solutions I’ve tested so far have been disappointing. I’m still working on it.

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I need some new portraits of myself, so I tried a I need some new portraits of myself, so I tried a few shots after I got home late Monday night. This one wasn’t great, so I’ll try again later, but I can use it until I have time to shoot another. I was too lazy to light this one properly — and it shows. 😺
Sunset, Leeds, Alabama — August 27, 2026 Sunset, Leeds, Alabama — August 27, 2026
Sunset, Leeds, Alabama — August 19, 2026 Sunset, Leeds, Alabama — August 19, 2026
When I got home at midnight Monday, I was doing so When I got home at midnight Monday, I was doing some work in the studio and Oliver wanted to join me, so I showed him around to acclimate him to the place again. He rarely goes in there, but I have pictures of him in that studio on the night I brought him home as a kitten. 😺
Earlier this week, I found two photos of Lucy and Earlier this week, I found two photos of Lucy and me that I had never seen. I loved finding the pictures, but seeing these photos left me thinking about the effect it has on us when we lose an animal we love — and it was also a reminder of how much my life has changed for the last nine months it’s been since I lost her. I wrote an essay about this. You can find it as the most recent post at davidmcelroy.org right now if you’re interested. I really do miss this sweet girl.
When I take lightning pictures, I’m always hoping When I take lightning pictures, I’m always hoping to get just one usable photo, but I got two dramatic images tonight. You might recognize the water tower and communication tower that you’ve seen in many of my sunset photos. This is about a mile from my house in Leeds, which is just east of Birmingham.
For those who are in places where it’s miserably h For those who are in places where it’s miserably hot today, here is a minute of light rain and gentle thunder from my back yard late Saturday afternoon. It’s very relaxing to stand at my back door and watch this, especially since the heat is pretty mild today — 80 degrees (about 26 celsius) — for July in the American South.
Alex was willing to cooperate with me for a new po Alex was willing to cooperate with me for a new portrait late Wednesday night. It’s been roughly three and a half years now since the cold night when I was able to lure him out from behind a garbage dumpster into a trap — but I don’t think he’s sorry at this point that he fell for the trick. 😺
This is the face of a man who’s thrilled that the This is the face of a man who’s thrilled that the weekend is finally here. It was a very long (and productive) week, but the time has finally come that I have time to write and read and think. Late Friday night, I’m at the McDonald’s near my house with a Diet Dr Pepper and a MacBook. For me, it’s like Cheers without the booze.
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Late Wednesday night, Meg is relaxing on the bed w Late Wednesday night, Meg is relaxing on the bed while I write in the bedroom. Every now and then, Oliver cruises by the foot of the bed and she takes off to chase him — then seems to remember that he has “boy cooties” and breaks off the chase. She seems pretty happy to be here as she finishes Day 22 in the house with us.
Just before midnight, Meg is purring in my arms as Just before midnight, Meg is purring in my arms as we hang out together in the bedroom. She’s a photogenic little girl.
Meg is just hanging out in the office on the castl Meg is just hanging out in the office on the castle Tuesday afternoon. That’s Sam on the mantle behind her. Today marks three weeks since she came inside and went to the vet, but it seems as though she’s been here much longer than that.
From the CritterCam: I just checked the webcam as From the CritterCam: I just checked the webcam as I was trying to get to sleep. Alex has firm control of then cat bed, but Oliver seems to be stalking him in an intimidating fashion — which doesn’t seem the least bit intimidating to Alex. Every cat seems certain that he or she deserves exactly what he or she wants. We humans could learn a lot about confidence from felines.
I love how relaxed and confident Meg is when she h I love how relaxed and confident Meg is when she hangs ou in my lap. This is just before midnight Monday night. Tomorrow will mark her third full week with us. I’d say she’s pretty happy with this transition, even if she’s still wary of her brothers some of the time. I actually saw her charge Oliver briefly tonight — and he got out of her way. So she’s learning.
Just before sunset, Meg and I have been spying on Just before sunset, Meg and I have been spying on one of the neighbors who was out in her yard across the street. Meg seems to be quite a natural at this Neighborhood Watch stuff.
From the CritterCam: The webcam on my desk just ca From the CritterCam: The webcam on my desk just caught Sam climbing to the top of my desk at 2:45 a.m. to see whether the cat bed was open, but he found a “no vacancy” sign in the form of a sleeping Alex. I guarantee he’ll be back when Alex moves in a bit. I love watching these guys go back and forth over who gets that little bed.
I was just lying down on the bed Sunday evening wh I was just lying down on the bed Sunday evening when I felt Meg jump onto the bed with me. She was apparently curious what in the world I was doing on the bed this early in the night, so she was coming to investigate.
When I got home late Saturday night, Meg relaxed a When I got home late Saturday night, Meg relaxed and purred in my arms for a few minutes. I love the way she casually relaxes those little mittens when I hold her.
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The company that owns Facebook and Instagram is heavily promoting its new AI-based software assistant called Muse, but people who are using it as it was designed are incredibly foolish. An early adopter of the software discovered that a few days ago when he advertised an item for sale on Facebook Marketplace — and he inadvertently gave Muse full authority to act on his behalf. The software agreed to a lowball offer made by another Facebook user and then gave that man the home address of the man for whom he was an agent. The software told the buyer that the seller was home and waiting for him. When the buyer showed up and waited angrily, the would-be buyer left an angry review for the man. And this angry man had the seller’s home address. It was only well after that that the software reported what it had done and admitted it had made a mistake. I won’t be putting that much power into the hands of any software. I think anyone who agrees to such terms is a fool. And the software’s user agreement says you’re responsible for purchases the software makes in your name. Nope.

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