Search & Seizure: The Supreme Court And The Police

What is an unreasonable search and seizure? This compelling documentary, hosted by news correspondent Roger Mudd, traces the evolution of the Fourth Amendment (which prohibits unlawful search and seizures) from its ratification on December 15th, 1791 to recent Supreme Court cases which have tested the definitions of the word "unlawful." The Fourth Amendment originated because of a particularly bad habit of the British custom agents during the mid-1700s, namely, they liked to kick in the door of American businesses and check out the assets (assuring themselves that the Yanks weren't holding back on their taxes--which, of course, they often were). Needless to say, this boot-and-bust policy didn't sit well with the nascent colonial Iacocca's, and it turned out to be one of the major reasons that the Americans eventually told Mother England to bite the wall. Talking with professors of law Nadine Strossen and A.E. Dick Howard, among other professionals, Mudd delves into the current practices and controversy surrounding the Fourth Amendment, focusing in particular on the infamous "exclusionary rule" which states that "evidence unlawfully seized must be disallowed." This is the rule that many see as a necessary protection of personal privacy, Unfortunately, it has also allowed many a criminal to walk scot free. As an exemplary case, Mudd interviews officials about the Terrance Bostick case in which a bus rider was searched--without probable cause--and found to be carrying a quarter kilo of cocaine. The twist is that the officers asked Bostick for permission to search his bag, and he gave it. Officials debate whether there was or wasn't some unspoken coercion involved. An excellent overview of a timely topic, Search & Seizure: The Supreme Court and the Police is highly recommended. (See DANZANTE for availability.)