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By Matthew Walsh, VI Form
A Fourth Amendment Opinion
An Eastborough College student, petitioner Mike Smith, was driving his car near campus when Officer Frank Jones recognized Smith’s car as one that he had stopped a few weeks prior. After following Smith for three blocks, Officer Jones observed Smith swerve past the median line—a traffic violation. He promptly pulled Smith over. While the car’s passenger, John Brown, was discernibly intoxicated, Smith exhibited no signs of drunkenness. However, when asked to walk in a straight line, Smith failed, and he refused to take a Breathalyzer test. In response, Officer Jones returned to his squad car, procured a “sniffer” device, and, without Smith’s consent, tested Smith’s blood alcohol content (BAC) using the device. The device showed that Smith’s BAC exceeded 0.08%, the legal limit for driving.
Officer Jones then arrested Smith for drunk driving, handcuffed him, and searched him. He found a pack of rolling papers, which Officer Jones interpreted as drug paraphernalia for marijuana cigarettes. Thus, Jones secured Smith in a police cruiser and subsequently searched his car. Upon finding a small, locked container, Jones broke the lock and discovered heroin. The State of X has charged Smith with drunk driving and possession with intent to distribute heroin, but Smith has moved to suppress all evidence obtained during the traffic stop, arguing that the searches and seizures that occurred violated the Fourth and Fourteenth Amendments. (more…)
By Joey Lyons, VI Form
The Second Amendment Debate
“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” – Second Amendment to the United States Constitution
In the 1960s, the assassinations of renowned public figures, such as Martin Luther King and President John F. Kennedy, sparked an intense, national debate over gun control. The debate between gun control supporters and gun rights advocates continued into the twenty-first century and continues in the present day. Gun control supporters argue that unrestricted gun rights cause avoidable atrocities and that the Second Amendment does not guarantee an individual the right to bear arms. Gun rights advocates believe the right to bear arms is not only necessary for self-defense, hunting, and security against tyranny, but is also protected by the Second Amendment.