In the article The Lockdown, one main focus is how the criminal justice system
has put so much stress on the war on drugs that it has given law enforcement facilitation
to violate the Fourth Amendment. There have also been exceptions that revolve around
this amendment for the sake of the war on drugs. The Fourth Amendment basically states
that people have the right for protection against unreasonable searches and seizures. As
the war came about, the Supreme Court has made “drug exceptions”. For example, in
California v. Acevedo (1991), searches were being made without warrants or defective
warrants and the court stood by it and supported it. Another example of the violation of
this amendment was in the case of Terry v. Ohio (1968). This case influenced the start of
the stop and frisk rule because the Supreme Court stated that if a police officer believes a
person is involved in some kind of suspicious, dangerous criminal activity, the officer is
entitled for the “protection of himself and others in the area” to conduct a search for
“weapons that might be used to harm” others. This just gave them more power for
searches as long as they gave “consent”. The Supreme Court has even given law
enforcement the ability to conduct “consent searches”, so all they have to do is ask the
person if they could talk to them and if they could put their hands up for a search. Most
people would comply and hardly ever say no, so this is how police says they “ask” for
consent. Police has even taken it a step further by using “pretext stops” in order to hunt
for drugs. Pretextual stops are basically stops that the police conducts to any motorist (in
search of drugs) and use a minor traffic violation as an excuse to search their vehicle. If a
person refuses to be searched, they could be put in jail, not for the minor traffic violation,
but for the fine or, they could even bring out the drug sniffing canines to smell their
vehicle because according to the Supreme Court, drug sniffing canines are not considered
as an actual “search”, therefore it is not a violation the Fourth Amendment. It is clear
that the “exceptions” being made for the Fourth Amendment have a strong tie to the war
on drugs. As police have less restrictions, it means they could easily arrest people and
accuse anyone of a drug crime.