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Fourth Amendment

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Two Days @ The Hospital…

As previously recounted in these pages, I was recently hospitalized for two separate visits.  The first time for kidney and blood ailments; the second for a further analysis of these ailments, resulting in a diagnosis of lymphoma.

Whoopee.

As it was the same hospital, the intake both times was similar.  Entry through the ER, admittance, followed by a number of uncomfortable days and tests.

During the first day, I was given what I was told was a standard questionnaire.   Questions asked and answered.  Questions like:  Do I wish my Life would end?  Do I sometimes with I’d go to sleep and not wake up?

With the additional:  Did I bring any weapons or drugs into the hospital?  (They do have the standard useless sign prohibiting weapons upon entry.)

As I knew my personal items would be unsecured much of the time, I opted to go unarmed.

During the second admittance, no such questionnaire was offered on day one.

On Day Two, however…

A genial nurse brought the questions to my room.  Do I want to kill myself, yatta, yatta, yatta.  I could answer these in my sleep.

Then came the weapon and drug questions.  No and No.

Then the nurse said, “NOW WE HAVE TO SEARCH YOUR CLOTHES!”

WAIT, WHAT?

I asked her for her warrant.  She said she didn’t have any, just like the airport.  I said exactly.  She, of course, didn’t understand my point.

After a long, angry standoff, she agreed to have me search my own clothes while she observed.  (She obviously had no idea how to do a search.)  I could have had two sidearms and kept them hidden from her!

I told her about my previous questionnaire, and no subsequent search.  She said those folks would get in serious trouble for not searching me.  Apparently, there have been problems with guns (and drugs)!

My search of my own clothes showed nothing.

I oft wondered if she did find weaponry, what was her next move?

And was such a search actionable…

Manafort-Trump Wiretaps: Worse than Watergate

(Liberty Headlines)

(Larry Klayman, WND) “This (Bush-Cheney) administration is the most secretive of our lifetime, even more secretive than the Nixon administration. They don’t believe the American people or Congress have any right to information.”

– Larry Klayman, chairman, Judicial Watch

MORE

Now I tend to look askance as WND, as I do many ‘sources’ on the Internet, but when Judicial Watch pays attention, so do I. – Guffaw

‘Worse than Watergate?  A second rate burglary?  Seriously?’

Things Change…

One of the most wise people I know says this.

Because the only thing constant is change.

It would make sense that law enforcement especially should keep up on the latest in court decisions, and how they might affect their performing their job!

Video shows Utah nurse screaming, being handcuffed after refusing

to take blood from unconscious victim

Published on Aug 31, 2017

Alex Wubbels, a nurse at University Hospital in Salt Lake City, was arrested after explaining to police that she couldn’t draw a blood sample from an unconscious person. A Salt Lake City police detective asked for a blood sample. After explaining to the detective that the police needed a warrant, consent from the unconscious patient or that the patient needed to be under arrest before the blood sample could be drawn, she was arrested.
Apparently numerous State court decisions have determined taking blood from an an unconscious person without permission is illegal (without a warrant?) and this has been further reaffirmed by the U.S. Supreme Court.
One would assume this officer (and ALL officers) should know this! 
The latest I read about this is punitive measures will be taken against the officer involved.
This is of great personal interest to me.  After the accident of March 18, 1995 (this court decision was not yet in effect) both me and my 12-year-old daughter were subjected to involuntary blood draws, while we were unconscious!
The guy who hit our car (who was uninjured) was NOT subjected to any blood test, as the responding officer didn’t think it necessary!

Does Possession Of A Firearm Justify A Stop And Frisk?

(from Tamara, via FB)

No automatic alt text available.

Guy A. Relford

If you carry a gun, you should know that the U.S. Court of Appeals for the 4th Circuit has ruled that you have relinquished your rights under the Fourth Amendment (contrary to the holding of the Indiana Supreme Court).

Please share!

http://www.wibc.com/…/indiana-ag-citizens-dont-forfeit-thei…

(AND, the comment posted below which takes the Internets!)

Ed Blade Sooo…exercising one right negates another???

 

A.M.A. (Against Medical Advice)

Or rather A.G.A. (Against Guffaw’s Advice)!

A while back, my friend Borepatch (who definitely has a right to such opinions in such matters) wrote regarding the acquiring and use of Siri, Google Now, Cortana or Alexa.

Or their fellow travelers.

I warned my roommate of such folly.

BUT, she is addicted to newfangled gadgets (as best she can afford them)!

(And, it IS her home, and she supplies the Wi-Fi…)

THIS arrived in the mail yesterday.  Apparently, there was a sale

It’s an Alexa (Echo) device (‘courtesy’ of Amazon)

(aka, “the electronic hockey puck of EVIL!” – spoken in Don Adams’ Maxwell Smart voice)

Sigh.

There’s a cartoon somewhere (unfortunately, I couldn’t find it) showing government agents discussing how citizens will place wiretaps/bugging devices in their own homes voluntarily, and will allow them to record conversations and Internet activity with ease!

They were gleeful!

I am not.  😦

Sigh.

 

Happy Independence Day

Today is the 241st anniversary of our Declaration of Independence from the tyranny that was the British crown against the colonies.

And, it will be celebrated with fireworks, picnics, barbeques and other family get-togethers.  Some parades and even some solemn remembrances.

We should acknowledge this day, but we should also remember tyranny never stops, and government never stops growing unabated.

YES!  WE HAVE A BILL OF RIGHTS! – but how many of them are forgotten or stepped-on today?

Freedom of Speech?  Hardly.  Colleges and university restricting or stopping speech with which they disagree WHOLESALE!

The Right to Keep and Bear Arms?  I will acknowledge much improvement has happened over the past 20 years in this area, but we must not sit on out laurels.  Just this past week, the Supreme Court declined to hear how possession (carrying) of weapons outside the home factors in.  Leaving an erroneous District Court finding to stand.

Search and Seizure?  Do we even have a Fourth Amendment, anymore?  Blanket wiretapping of cellular phone and Internet communications.  DUI checkpoints.  The TSA.  Anyone see any warrants affiliated with these actions?

Trial by a Jury of one’s Peers?  Seriously?  How often?

And don’t even get me started on seizure of assets and jury nullification!

I thank God that we didn’t elect Barack 2.0 (aka Hillary).  This doesn’t mean that the current White House occupant is close to being a diamond in the rough.

He is a populist, and certainly NOT a libertarian!  And surrounds himself with statist conservatives.

We have won some battles, but are nowhere close to winning the war.

The quote “Eternal vigilance is the price of liberty” is often mistakenly attributed to the Irish lawyer and politician John Philpot Curran and frequently to Thomas Jefferson.

In fact, Curran’s line was somewhat different. What he actually said, in a speech in Dublin on July 10, 1790, was:

       “The condition upon which God hath given liberty to man is eternal vigilance.”

And, according to Jefferson scholars there is “no evidence to confirm that Thomas Jefferson ever said or wrote, ‘Eternal vigilance is the price of liberty’ or any of its variants.”

Whoever said it, it is TRUE!  Stay vigilant, My Friends!

Happy Independence Day

 

‘I Consider Myself A Guest Here’

Canadian William Shatner REFUSES

To Trash Trump: ‘I Consider Myself a

Guest Here’

William Shanter, the ICONIC Star Trek actor himself, refuses to talk ill of President Donald Trump regardless of his feelings for politics. In a recent interview he had with the Daily Beast he spoke all about it, and his new book, ‘Spirit of the Horse’. During this interview, Shatner made it really clear that his name was not to be added to an open letter that was released out of Hollywood last year denouncing Trump’s candidacy.

“I didn’t do that. I would never have done that,” the actor said of the anti-Trump letter posted on the Trek Against Trump Facebook page last September.

There were however, notable personalities of the original star trek series like George Takei (of course) who played Hikaru Sulu, and Star Trek Into Darkness director JJ.Abrams, who was a very avid Clinton supporter did sign that letter.

The Beast reporter did attempt more than once to get Shatner to dish on Trump, and the actor stuck to his guns refusing to do so, making it very clear that he wasn’t willing to speak ill of the president.

“I don’t want to discuss Trump or [George] Takei,” Shatner said, adding: “Listen, I’m Canadian and I’m apolitical. I love America. I consider myself a guest here.”

“I won’t do anything that might get me deported,” the 86-year-old star joked.

The Priceline pitchman, known best for his role as Captain James T. Kirk, commander of the U.S.S. Enterprise, also revealed that while he and Abrams have discussed him having a role in the rebooted Star Trek film franchise, the director hasn’t extended the offer.

“I’ve met with J.J. Abrams, who seems to be running the film franchise now,” Shatner said. “Though I’ve repeatedly expressed my interest in being in one of the Star Trek movies they seem to have no interest in bringing back old Captain James T. Kirk.”

Shatner, who made his small-screen debut as Captain Kirk in 1966, also revealed that he has never seen any of the new films.

A lifelong lover of horses, Shatner’s new book Spirit of the Horse is a love letter to his four-legged friends.

Although he is very liberal in his political beliefs, he knows how to stand for those beliefs without being ridiculous and out of line like his other Hollywood friends.

Yep. I could sit next to him on a plane, introduce myself as a conservative and he’d like me.

That’s how it’s suppose to be.

h/t Facebook, I Have the Truth.com

AMEN, Mr. Shatner and Mr. Wendal!

Now, I’m not an unabashed fan of the current President (although he is certainly a vast improvement over the last one!)  Having said that, I tire of the juvenile and sometimes criminal actions taken against the President.  Like it or not, he IS the President!  And deserves some respect.

(I’d preferred a more libertarian President, stopping this ongoing assault on the Fourth Amendment.  One with a better speaking style.  Wish in one hand…)

To see and hear (most) Hollywood types continue to attack and beat on him is more than shameful.  YES, everyone has a right to an opinion.

But, lets be adult about it, shall we?  Disagree on policy choices, not hairstyles!

 

Honorable?

(from Brock Townsend)

Attorney General Lynch Signed Off on ALL FISA Applications to WireTap Trump

Via Billy

According to ABC, all applications to the FISA Court were signed off on by the Attorney General and therefore if any applications were processed in the past year, they were signed off on by Loretta Lynch.  This means that Lynch signed off on any requests for wire tapping President Donald Trump during the Presidential race.   This is disheartening knowing that she released a video over the weekend calling for the need for more marching, blood and death on the streets.  This also means that she chose not to investigate the Clinton Foundation for illegal activities but rather signed an application to wire tap President Trump.

Finally, another very disturbing fact about the wire tapping request of President Trump is that the FISA Court turned down President Obama’s Administration’s first request to wire tap President Trump that was evidently signed off on by Attorney General Lynch.  With only two applications denied out of 10,700 from 2009 through 2015, the fact that the Obama Administration’s application was denied by the FISA Court is very disturbing.  The odds of this happening were 0.02%.

The Obama Presidency is now arguably the most corrupt in US history.

The HONORABLE Loretta Lynch?  Seriously?
I know historically AGs have played fast and loose with the law.  From XXX to John Mitchell, and beyond…
People speaking of political corruption often invoke Watergate and the Plumbers.
We are so far beyond that it pales by comparison!
And, the whole FISA thing makes it stink even more.
“The Obama Presidency is now arguably the most corrupt in US history.”
Perhaps, not so arguably.
(PS – shouldn’t it read candidate or president-elect?)

Rights

A good friend (and former co-worker) has been posting on FB regarding the schism in American Politics.

Those who believe Rights are given to them by government, versus those who believe Rights are inherent, and only partially enumerated by government.

And the piling-on and discussion brought me back to the ubiquitous question – WHAT constitutes a Right?

There’s the Right to keep and bear arms

The Right to free speech, assembly and worship

Trial by jury

The Right NOT to self-incriminate.

Due process

The Right to legal representation

Speedy trial

No search without a warrant (I know, pretty funny!  Given the NSA, FBI, DHS, Border Patrol, DUI checkpoints, etc.)

But, then, folks pile on…

The ‘Right’ to Drive?

The ‘Right’ to Health Care

The ‘Right’ to ‘Free’ College

The ‘Right’ to a base income from government

Gay rights

Women’s rights

Animal rights

The right to privacy

Ad infinitum, ad nauseaum…

Subscribing to a libertarian philosophy, I believe in self-ownership, and by extension, personal property.  And the non-aggression principle.  Neither persons (or corporate persons or governments) may deprive me of my self-ownership (life, liberty or property) without due process of law.

This includes my labor and the fruits of my labor (taxation is theft).

AND compelling me to support someone else involuntarily is also! (paying for anothers’ health care, college, income.  Redistribution of wealth (socialism/Fabianism/communism) are methods by which this is achieved.

NOT compatible with our capitalistic constitutional Republic.

NOW, if I CHOOSE to help others voluntarily with the fruits of my labor, that’s a whole ‘nother thing!  Then it becomes my choice.

What does this mean for the ‘right’ to drive?  Well, if that person purchases fuel, which has road use taxes, I suppose.

What do you guys think?

TOR Us A New One…

Wirecutter shares THIS with us!

Using TOR? You’re now a criminal.

Seen on Sipsey Street Irregular’s FB page:

The U.S. Supreme Court on Thursday quietly approved a rule change that would allow a federal magistrate judge to issue a search and seizure warrant for any target using anonymity software like Tor to browse the internet.

Absent action by U.S. Congress, the rule change (pdf) will go into effect in December. The FBI would then be able to search computers remotely—even if the bureau doesn’t know where that computer is located—if a user has anonymity software installed on it.
MORE

SERIOUSLY?!

Leave it to the government to CHANGE THE RULES without Congressional approval – or the approval of the electorate.

The ‘rules’?  Shouldn’t this be a matter of law?

or THE BILL OF $*)@$?! RIGHTS!

angerWhat about that pesky Fourth Amendment?  Oh, I forgot, it’s been abolished…

A suggestion was made by an anonymous reader that, as it has been suggested we pepper our emails with security ‘catch-phrases’, like GUNS and PROPANE to overload the system, ALL OF US should download the TOR software for the same reason!

With that in mind…

https://www.torproject.org

 

"Round up the usual suspects."

In Loving Memory…