Tyranny Alert

The ancient rights of man have slowly slipped away from us and continue to be eroded at a rapid clip. The article below demonstrates a potential very real threat to our 4th Amendment rights.

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.

First, some years ago we gave up the right to be free from unconstitutional searches of our cars and persons in the public arena if police officers felt threatened. And of course more recently we have given up the right to almost everything at airports and other public venues, all for the sake of security. Now it seems some court has determined that if police officers feel threatened they may search a citizen’s home without due process or a warrant. Amazing how fast tyranny just rides in under the radar.

I guess I have been wrong all of my life. I always thought that the police were there to protect and serve. Just like soldiers going off to war face the possibility of death being a police officer is dangerous. We would not accept a policy of allowing our soldiers to shoot first and ask questions later in contingency and operations other than war situations. We are willing to take some American casualties in those circumstances in order to do what is right. After all soldiers know that their jobs are dangerous and accept the risks. Why would we accept allowing police officers the ability to violate the Constitution just so that THEY feel safe. Don’t they realize that their job is supposed to be dangerous?

It seems a far better thing to have brave men an women working as police officers that are willing to accept the risks of the job and realize that occasionally some of them will die rather than to compromise the Constitution. Just who are these folks there to protect and serve? Laws and concepts like the court decision below lead me to believe that it is not the citizen.

So if a police officer feels threatened this court believes that the police have the right to search my home. I am a peace loving man but I tell you that one of the few things that will ever cause me to be a threat to anyone is for someone I have not invited to enter my home.

Thank God that we law-abiding citizens still have remnants of the Second Amendment in place to thwart any goose-steeping Nazis that come knocking uninvited. As for my friends Mr. Smith and Mr. Wesson and I, we understand full well the adage that a man’s home ought to be his castle.

Recedite, plebes! Gero rem imperialem
El Cid

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Court Opens Door To Searches Without Warrants

POSTED: 3:55 pm CST March 26, 2004

NEW ORLEANS -- It's a groundbreaking court decision that legal experts say will affect everyone: Police officers in Louisiana no longer need a search or arrest warrant to conduct a brief search of your home or business.

Leaders in law enforcement say it will provide safety to officers, but others argue it's a privilege that could be abused.

The decision was made by the New Orleans-based 5th Circuit Court of Appeals. Two dissenting judges called it the "road to Hell."

The ruiling stems from a lawsuit filed in Denham Springs in 2000.

New Orleans Police Department spokesman Capt. Marlon Defillo said the new power will go into effect immediately and won't be abused.

"We have to have a legitimate problem to be there in the first place, and if we don't, we can't conduct the search," Defillo said.

But former U.S. Attorney Julian Murray has big problems with the ruling.

"I think it goes way too far," Murray said, noting that the searches can be performed if an officer fears for his safety -- a subjective condition.

Defillo said he doesn't envision any problems in New Orleans, but if there are, they will be handled.

"There are checks and balances to make sure the criminal justce system works in an effective manor," Defillo said.

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