4th Amendment

First and Fourth Amendment claims: Chavez vs. The city of oakland. June 11, 2009.
http://www.martindale.com/civil-rights-law/article_Davis-Wright-Tremaine-LLP_737718.htm
Amendment 4,  Search and Seizure.
"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."

        The article I picked out was about an officer(Charles Breyer) violated the first and second amendment. Well the officer arrest Chavez without a probable cause. First the Officer Breyer handcuffes Chavez and took him to jail for taking pictures of a highway crash it didnt break a state or federal law. Chavez had left his car to look at the accident. The officer asked Chavez to leave but instead he asserted his rights as a citizen. Although it was not against the law for Chavez to have the pictures the officer took them and arrested him.

       This article clearly connects to the 4th Amendment of the United states constitution. Chavez wasnt doing anything wong his occupation is photographer, so he takes these pictures daily. It also was not a law in california that said you can not do things like that. Chavez stated his right to cover the accident but in exchange Chavez was arrest, the officer said he should not take pictures like these. Plus Chavez asserted his rights so he shouldnt have been arrest because he was doing nothing wrong. But the court stll found Chavez guilty of leaving his car to go to the accident scene.

      In my opinion the 4th amendment was still broken because Chavez was only doing his job, he shouldnt have been assaulted by the police officer. Also the court was finding reasons to defend the police officers decision to arrest Chavez. I dont think that chavez was guilty I believe that the officer was guilty because he was the person breaking rules. The court should have took Chavez cases more serious. I think that they really didint care what had happened to Chavez or that the officer broken any rules. They just wanted to get rid of the accusations that was made about the police officer breaking the first and fourth amendments.