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Fourth Amendment

This tag is associated with 27 posts

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

 

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

 

Today Is Bill Of Rights Day!

(As posted on Cato.org)

Today Is Bill of Rights Day

Today is Bill of Rights Day. So it’s an appropriate time to consider the state of our constitutional safeguards.

Let’s consider each amendment in turn.

The First Amendment says that “Congress shall make no law… abridging the freedom of speech.” Government officials, however, have insisted that they can gag recipients of “national security letters” and censor broadcast ads in the name of campaign finance reformand arrest people for simply distributing pamphlets on a sidewalk.

The Second Amendment says the people have the right “to keep and bear arms.” Government officials, however, make it difficult to keep a gun in the home and make it a crime for a citizen to carry a gun for self-protection.

The Third Amendment says soldiers may not be quartered in our homes without the consent of the owners. This safeguard is one of the few that is in fine shape – so we can pause here for a laugh.

The Fourth Amendment says the people have the right to be secure against unreasonable searches and seizures. Government officials, however, insist that they can conductcommando-style raids on our homes and treat airline travelers like prison inmates by conducting virtual strip searches.

The Fifth Amendment says that private property shall not be taken “for public use without just compensation.” Government officials, however, insist that they can use eminent domain to take away our property and give it to other private parties who covet it.

The Sixth Amendment says that in criminal prosecutions, the person accused is guaranteed a right to trial by jury. Government officials, however, insist that they can punish people who want to have a trial—“throwing the book” at those who refuse to plead guilty—which explains why 95 percent of the criminal cases never go to trial.

The Seventh Amendment guarantees the right to a jury trial in civil cases where the controversy “shall exceed twenty dollars.” Government officials, however, insist that they can impose draconian fines on people without jury trials.

The Eighth Amendment prohibits cruel and unusual punishments. Government officials, however, insist that a life sentence for a nonviolent drug offense is not cruel.

The Ninth Amendment says that the enumeration in the Constitution of certain rights should not be construed to deny or disparage others “retained by the people.” Government officials, however, insist that they will decide for themselves what rights, if any, will beretained by the people.

The Tenth Amendment says that the powers not delegated to the federal government are reserved to the states, or to the people. Government officials, however, insist that they will decide for themselves what powers they possess, and have extended federal control over health care, crime, education, and other matters the Constitution reserves to the states and the people.

It’s a disturbing snapshot, to be sure, but not one the Framers of the Constitution would have found altogether surprising. They would sometimes refer to written constitutions as mere “parchment barriers,” or what we call “paper tigers.” They nevertheless concluded that having a written constitution was better than having nothing at all.

The key point is this: A free society does not just “happen.” It has to be deliberately created and deliberately maintained. Eternal vigilance is the price of liberty. To remind our fellow citizens of their responsibility in that regard, the Cato Institute has distributed more than six million copies of our pocket Constitution. At this time of year, it’ll make a great stocking stuffer.

Let’s enjoy the holidays (and remember many of the positive trends that are underway) but let’s also resolve to be more vigilant about defending our Constitution. To learn more about Cato’s work in defense of the Constitution, go here. To support the work of Cato, go here.

Presidential Proclamation — Bill of Rights Day, 2015  (Link – NOT posted here)

Why, you might ask, did I not post it here?

Well, the President fails to mention any of the First Ten Amendments specifically, but does mention The Civil Rights movement, LGBT rights, equality and ‘fairness’.

No mention of no-knock warrants, secret prisons, ‘enhanced’ interrogations or wholesale privacy erosions.

Or firearms.

You can go an read it for yourself, if you like.

How to celebrate the day?  I’d suggest reading the entire Bill of Rights aloud, then going shooting!  🙂

"Round up the usual suspects."

In Loving Memory…