Results 1 to 5 of 5

Thread: Decline of the 4th Amendment

  1. #1
    Founder's Club Member
    Join Date
    Nov 2006
    Location
    Fairfax Co., VA
    Posts
    18,766

    Post imported post

    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated,...

    That includes your OC'd gun, and you while OCing.

    Forum member Custodian posted the link below on another thread. It took me a little while to read through it.

    It is a real eye opener! I thought it deserved its own thread. Want to know how it hascome to be that police can do so many things thatseem to violate a basic understanding of the Fourth Amendment?It goes back further than you think.

    Special thanks to Custodian for tipping us to this particular facet of the 4th Amendment.

    http://www.constitution.org/lrev/roots/cops.htm

    Itsquite likely to get some people's dander up.If you areone. Fine. Great, even. You wouldn't behuman ifit didn't.But, please keep it civil. And,pleasekeep it specific. No heated generalizations.



    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

  2. #2
    Founder's Club Member
    Join Date
    Nov 2006
    Location
    Fairfax Co., VA
    Posts
    18,766

    Post imported post

    Sheriff wrote:
    I found the "RESISTING ARREST" section quite interesting.

    What a stunning article, eh?

    Notice that the author, Roger Roots, has a doctorate in law.Scroll to the first footnote and then go up to the nextline.

    I was floored by the concept that law at one time was meant to restrain government.

    "Heh! You can only punish people if they actually break a law. You can't do whatever you want. You have to govern within the law."

    Here I was thinking all along that the law wasto restrain people from certain acts. I never really considered the other side of it, viewing rights declarations as the solerestraint.

    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

  3. #3
    Banned
    Join Date
    Jun 2006
    Location
    Washington Island, across Death's Door, Wisconsin, USA
    Posts
    9,193

    Post imported post

    Bookmarked for later digestion. Great find! Thank you.

    POLICE AND THE "AUTOMOBILE EXCEPTION"
    The courts have been particularly unkind to Fourth Amendment protections in the context of motor vehicle travel. Since the 1920s, Fourth Amendment jurisprudence has allowed for a gaping and ever-widening exception to the warrant requirement with regard to the nation's roadways.391 Today, police force untold millions of motorists off the roads each year to be searched or scrutinized without judicial warrant of any kind.392 Any police officer can generally find some pretext to justify a stop of any automobile.393 In effect, road travel itself is subject to a near total level of police control,394 a phenomenon that would have confounded the Framers, who treated seizures of wagons, horses and buggies as subject to the same constraints as seizures of other property.395


  4. #4
    Founder's Club Member
    Join Date
    Aug 2007
    Location
    Cottonwood Heights, Utah, USA
    Posts
    545

    Post imported post

    I haven't finished yet, but this is really fascinating.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •