As citizens of the United States, we are entitled to relative amounts of privacy and freedom. To ensure this, the 4th Amendment specifically protects us from "unreasonable searches" and "seizures" of both, our person, and our property, by government actors (law enforcement).  This all to say, neither you nor your things can be taken by law enforcement without a warrant.  In order to obtain a warrant, an officer needs to submit an affidavit to a Judge; This affidavit is basically a piece of paper that must contain information that is TRUE and shows PROBABLE CAUSE that a crime was committed - (in the case of an arrest warrant, the affidavit must show probable cause that the person being arrested committed the crime they are being arrested for).  

It almost sounds like you are safe from being arrested and having your freedom forcibly deprived, so long as you don't commit any crimes, right? Wrong.  In fact, in Wisconsin, if you are on probation or parole, your 4th Amendment rights are being severely infringed upon. I’d like to bring your attention to Doc 328.27, sub header 1, in Wisconsin's Legislation, which states; "An agent shall order an offender into custody if the offender is alleged to have been involved in assaultive or dangerous conduct. A regional chief may permit exceptions to this subsection."  

If you read that right, you may have caught the word "alleged," meaning, "accused, but not proven or convicted." In essence, Doc 328.27, sub header 1, allows for individuals on probation or parole in Wisconsin to be arrested SOLELY based on ALLEGATIONS of assaultive or dangerous conduct, without the presence of evidence or probable cause.  Just to clarify one last time, if you are on probation or parole and have done NOTHING wrong, but someone with ill-intentions calls the police, lies, and says you DID commit a crime, a PO Hold (Probation/Parole Officer Hold) can be issued, and you can be held in jail until the matter is resolved (or unless a regional chief permits an exception – guess how often that happens).  The 4th Amendment protections (which are supposed to apply to ALL United States Citizens), requiring evidence and probable cause before an individual's freedom and bodily autonomy are forcibly taken, seemingly only apply to individuals who aren't on probation or parole in Wisconsin.

Not only do I believe Doc 328.27 is unconstitutional on the grounds that it violates the 4th Amendment, leaving innocent PAST offenders consistently vulnerable to unjust incarceration, but I also find that it violates the 14th Amendment.  The 14th Amendment guarantees to all citizens that; "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."  I find that Doc 328.27, sub header 1, deprives individuals on probation and parole due process of law, while simultaneously depriving them of equal protection under the law.  Before I can be taken to jail, as a woman with no criminal background, EVIDENCE resulting in the proof of PROBABLE CAUSE would be needed, as the 4th Amendment applies to and protects me.  The fact that this DUE PROCESS (simply meaning fair treatment through the judicial system) does not apply to individuals on probation or parole is a grave injustice.  Any piece of legislation that discriminates against a specific group, whether intentionally or unintentionally, and fails to provide this group with protections provided to the rest of the population is unconstitutional, and has been deemed so by past court precedents (see U.S v. Virginia 518 U.S 515 (1996), Brown v. Board of Education 347 U.S 483 (1954), Frontiero v. Richardson 411 U.S 677 (1973)).  Do we not provide equal protection under the law based on someone's past offenses, no matter the offense?

Unfortunately, I have seen this piece of legislation in action, and I have seen how it violates the most basic of civil, human, and legal rights. It is no surprise that Wisconsin, like the rest of our Country, is plagued by deep racial injustice and inequality, reflecting the fact that people of color make up a majority of the individuals incarcerated or on probation/parole.  As this piece of legislation inordinately affects social minority groups, I propose that these constitutional claims be viewed under strict scrutiny – the highest standard of review used when evaluating governmental discrimination, specifically dealing with race issues. Ultimately, I find that Doc 328.27, sub header 1, disproportionately, and negatively impacts people of color, specifically black people, and works to further marginalize the voices of individuals who have already been silenced for too long.

I am hoping this letter finds the appropriate person to repeal, rewrite, and/or re-examine Doc 328.27. I am calling for this repeal on the grounds that this piece of legislation violates the 4th and 14th Amendments, and ultimately deprives individuals on probation and parole of the basic human, civil, and legal rights that they are entitled to as American citizens.   Let us move forward, together.

 

Sources and Helpful Links:

4th Amendment: https://www.law.cornell.edu/wex/fourth_amendment

Probable Cause: https://www.law.cornell.edu/wex/probable_cause

Alleged Definition: https://www.merriam-webster.com/dictionary/alleged

14th Amendment: https://www.law.cornell.edu/wex/fourteenth_amendment_0

Doc 328.27: https://docs.legis.wisconsin.gov/code/admin_code/doc/328/III/27

Strict Scrutiny: https://www.merriam-webster.com/legal/strict%20scrutiny

BLM Information: https://blacklivesmatter.com/

Other Related Links: https://www.npr.org/sections/codeswitch/2013/10/03/228733846/wisconsin-prisons-incarcerate-most-black-men-in-u-s​

https://meridian.allenpress.com/mobilization/article-abstract/13/1/1/82149​

https://www.ssc.wisc.edu/~oliver/racial-disparities/