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the 4th Amendment. That doesnt surprise me, I study the Law.
According to the 4th Amendment we are not free from ALL search and
seizures, just UNREASONABLE ONES. But the term unreasonable is no
mystery. It is clearly defined within the 4th Amendment.
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.
The 2nd Amendment is NOT the only provision that contains these words. The
government has been infringing upon the 2nd Amendment for decades, so
why are we surprised that the 4th Amendment would get the same
government application?
Only REASONABLE searches and seizures are allowed and are defined
within the 4th Amendment:
With a WARRANT;
Based upon PROBABLE CAUSE;
Subject to DUE PROCESS REVIEW (oath or affirmation);
Particularly describing the PLACE to be search, AND
Particularly describing the PERSONS or THINGS to be seized.
I challenge anyone to find within this language any other exception other
than the 5 prong test. You cant, because every exception that doesnt exist
within the 4th Amendment itself, is an exception created BY THE
GOVERNMENT for the purpose of AIDING THE GOVERNMENT in their
unreasonable searches and seizures.
Yet, that is what our judges consistently do, being either illiterate or ignorant
to the TRUE MEANING and APPLICATION of the 4th Amendment.
Such warrantless searches were perpetrated upon our founders in the form of
Writs of Assistance. James Otis, Jr., an attorney who took on the government
to defeat these searches, called these searches the worst instrument of
arbitrary power, the most destructive of English liberty and the fundamental
principles of law, that ever was found in an English law-book. (Against Writs
of Assistance, James Otis, Jr. February 24, 1761)
What has happened to Liberty in the last 252 years? We have allowed our
FEAR to trump our LIBERTY. Our founders worked very hard to create a federal
government that would be locked in a limited and defined box. We, their
descendants, have turned around and handed the government the keys.
We have succumbed to the fear factor: Trading Liberty to keep us safe is the
primary role of government. No, it is not. The primary role of government is
NOT national security, it is, as the Constitution clearly mandates, Liberty
Security, as in to Preserve the Blessings of Liberty to ourselves and our
Posterity.