A surge in gang violence in Boston, particularly among young people, has understandably prompted police to take up an initiative to approach residents in neighborhoods plagued by violent crime and ask them to submit their homes to voluntary searches for guns teens may be hiding on the property. This plan is not unconstitutional, and it could help improve neighborhood safety and police-resident relations if done correctly. Groups like the American Civil Liberties Union should educate people about their rights, but they should not divert community outrage from the issue that demands it — murder perpetrated by youths with guns, often provoked by petty incidents.
Americans possess their civil rights, and the government, acting through police or other agencies, may only suspend those rights within the framework of the Constitution — or if people knowingly relinquish them within a particular context. Just as travelers forgo their right to a warranted search when they pass through an airport security checkpoint, citizens may forgo their right to security “in their persons, houses, papers, and effects . . . against unreasonable searches” if they believe there is reason to. Rights may not be ripped from Americans without warrants or other legal impediments on absolute rights, but rights may be voluntarily curtailed.
Boston police must exercise caution and act only on reputable information when they decide to approach residents and ask to search a home. While some parents may be relieved to remove a gun from their children’s possession after a voluntary search, others could be angry and distrustful of police if a voluntary search turns up nothing — especially if such an incident was part of a growing trend of ill-informed searchers only inconveniencing and intimidating residents. The program could destroy itself if poorly used, as distrust of police would encourage parents to deny access to their homes. Police should team up with community advocacy groups to make sure they are acting inconspicuously and respectfully in neighborhoods.
The right to deny an unwarranted police search is always an option for Boston residents, but parents fearing the safety of their children may welcome the opportunity to get a weapon out of their homes. Education and sensitivity can make the Safe Homes initiative work as well as a similar effort in St. Louis.
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