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.
Passed by Congress June 13, 1866. Ratified July 9, 1868.
Note: Article I, section 2, of the Constitution was modified by section 2 of the 14th amendment.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
(note: section 2-5 omitted)
At 4:30 a.m. on Jan. 21, 2005, Noel and her husband, Charles, were asleep in the master bedroom of their row house when the heavily-armed Baltimore County SWAT team stormed through her home. According to the suit, officers had found “trace amounts of drugs” in trash cans outside of the home.
Is this really probable cause or just really bad and lazy police work?
This is just me but I would think you would at least try to dig up more evidence than just digging through a trash can. Keep in mind that a trashcan will eventually end up in the street where anyone can drop something into it.
Did the LE steak out the house or follow the occupants to see how they were getting or if they were selling drugs?
How about looking for specious activity?
What did they find? Some resin from some pot?
Regarding issue with the 14th amendment looks clear to me. She was deprived of life with out the due process of law. I am sure if they did some basic police work they could have found out where she worked and arrest her there. Or if she did not work find out her routine and arrest her when she was out and about.
Another question, is the husband in jail for the drugs they were looking for? Did they even find drugs? If so which ones? How much? Did they find any evidence of criminal activity at all? How about the kids (if any)? Are they in foster care or living with relatives?
It just seems to me that Cheryl Noel died at the hands of an over powered, over zealous, lazy, heavy-handed police force.
P.S. Trace amounts of drugs can be found on American money.