Tuesday, April 7, 2009

Amendment IV

Amendment IV

'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.'

No one has the right to come into your home, and inspect either it, your belongings, your children, you, your sink full of dirty dishes, or your mounds of laundry unless they have a warrant.
There are numerous stories of CPS coming and bullying a parent to let them in, only to have said CPS agent, upon being let in, take the children; homeschoolers get this kind of bullying periodically.

You have a right to be secure. You have a right against unreasonable searches and unreasonable seizure of your property.
If there is probable cause, a warrant must be issued. That warrant must state what location, what is being searched, what person is the object of the search/seizure, and what is to be seized.

Far too often, the Fourth Amendment has been violated.
Does the police officer have the right to look in your trunk? Does he have probable cause? Does he have a warrant?
Does the CPS officer have the right to come into your home? Does he have probable cause? Does he have a warrant?
Does the Sheriff have the right to come on to your property? Does he have probable cause?
Does he have a warrant?
Does Animal Control have a right to take your pet? Does he have probable cause? Does he have a warrant?

In any case you can imagine, you can apply the test. Unfortunately, you won't always get away with the complaints up front, but you do have a Constitutional right to make them, and quite possibly to win your argument.

This brings up privacy. The Constitution doesn't specifically spell out a "Right To Privacy," but as I read each of the Amendments, they all speak to me of privacy; The right to keep and bear arms--private issue; The right to worship freely--private issue; The right to speak freely--private issue; The Founding Fathers intended us to live freely, privately--or as private as we choose to be.

We have a law in Oregon that is being debated this week--I just heard about it for the first time today, so I don't know yet where it stands. This is one of the most pernicious laws I've heard of.
This law would FORBID you to smoke in the car if you have children under the age of 16.
Now, you might ask "Isn't that a GOOD thing?" Well, yes and no. It is definitely a good thing for children, I think people who smoke around children are some of the stupidest people around; people who smoke in cars with children are selfish and ignorant. However, I do not in any way shape or form think the government should tell us what we can and cannot do in our PRIVATE vehicle. Smoking is not illegal; it's unhealthy, dirty, and people who smoke stink, but it's not illegal.
HOW would the enforcement of this law be handled? Well, I see random people calling the police because the car that just passed them is full of children, and the parents are smoking in the front seat; tattling on your neighbor was big in Hitler's day, and behind the Iron Curtain. I see police pulling you over because you are smoking, just to check to see if you are traveling with children.
I see children being asked at school if mommy or daddy smoke in the car; tattling on parents was also big in Hitler's day, also behind the Iron Curtain.
I see this as a violation of your Fourth Amendment Rights--search and seizure, no warrants, to probable cause. (Call me crazy, but if *I* am looking in someone else's car, being nosy, isn't that a type of search?)
And don't think for one minute they will stop at the curb. They are already passing laws outlawing smoking in most public places, within 10 feet of an entrance to all public establishments, what's next? What's to stop them from telling you that you can't smoke in your home if you have children?
Now, lest you think badly of me, I am NOT a smoker, and I love children, that's why I had several. I just want you to understand that the government is incrementally stripping the Constitution, and we all are letting it happen.
Did anyone speak up against the forced use of seat belts? Seat belts are a good thing, the veracity of that is undeniable. But once we let the government come in and tell us we HAD to wear them, they had their proverbial foot in the door. 'What else can we make them do?' If you want to risk not wearing a seat belt, that should be your choice (I do think children ,who cannot make an informed choice, should be required to wear whichever safety device is suited.), but if you are injured or killed because you refused to wear a seat belt, then you or your estate should be required to pay for the cleanup. Easy fix. Seat belts save lives, you don't use one, here are the consequences.

In the post I did about the Second Amendment, I told you of an article that said anyone who supported a "Third Party" in politics was considered a possible terrorist. They have since backed off, but the damage is done. When will they start showing up at doors "requesting" to have a look at your guns? When will they stop requesting?

Read the Fourth Amendment, then read your newspaper, or search online. You may not be able to get away with just reading headlines, but I promise you, it's happening.
*They* do not have a right to enter your property, search your person, or seize your anything without a warrant. Don't forget it.


Tricia said...

Great post. Every American should read the 4th amendment. (And all the others as well)

Ritsumei said...

Reading it is good. But I love articles like this one because they help me to ponder it. To think about what it means, what are the implications. About situations when I might need to remember and remind some government agent about it. Thanks, Jeanetta.

Bonita said...

Well said! I had the same thoughts recently when here in Utah they made it illegal to text while driving. They can pull you over if they think you are texting with no other reason (headlight out etc.) And everyone is for it too! Blows my mind! Sure its stupid to text while driving, but do we need a law to counter every stupid thing people do?