informationliberation
The news you're not supposed to know...




Austrian Economics: Understand Economics, Understand the World
The Century of the Self: The Untold History of Controlling the Masses Through the Manipulation of Unconscious Desires
The Disappearing Male: From Virility to Sterility

The Obama Deception: The Mask Comes Off
Operation Gladio: The Hidden History of U.S. Sponsored False Flag Terrorism in EuropeThe New American Century: The Untold History of The Project for the New American Century
(more)
Article posted Mar 17 2014, 5:23 AM Category: Tyranny/Police State Source: Will Grigg Print

Why Pretend that the Fourth Amendment Exists?

by Will Grigg

At some point, we should formally excise the Fourth Amendment from the Bill of Rights. From the National Security Agency to the local police department, government agencies are contemptuous of the idea of limits on their powers to search and scrutinize us.

A recent ruling by the Eighth Circuit Court of Appeals in a case from Missouri held that once police have entered a home by any means – including coercion or deception – they can conduct a “protective sweep” of the entire dwelling and use any evidence that is found against the residents. It is not necessary to have “articulable facts” to justify the search, or probable cause for an arrest.

In a separate case, the US Supreme Court ruled that police can conduct a warrantless search of a home when residents disagree about consenting to the search. All that is necessary is to arrest the resident who refuses to permit the search. This obviously creates an incentive for police to commit an unlawful arrest in order to intimidate other occupants into consenting to a warrantless search – which will then be used to find evidence to justify the unlawful arrest.

As the late Joseph Sobran noted, the Constitution poses no threat to our form of government.





Latest Tyranny/Police State
- Cop Shot After Responding to Wrong House and Shooting Man's Dog
- Homeowner Shoots Cop After Police Respond To Wrong House On Burglar Call
- Florida Fair DUI Attorney Arrested Then Un-Arrested
- Oakland Cop Spits On Man Filming Him, Claims It Is Not Assault (It Is)
- SWAT Team Raids Home, Kills Man Over $2 Worth of Pot -- Informant Exposes Police Cover-Up
- Innocent Man Jailed for Months After Incompetent Police Mistook Salt for Crystal Meth
- Disturbing Video Shows Cop Whipping, Kicking His Own K-9 During a Raid
- This Cop Killed 6 People & Retired, Now He Trains Cops By Shocking Them When They Hesitate to Shoot









Comments Add Comment Page 1 of 1
Anonymous

Posted: Mar 17 2014, 5:29 PM

Link
76193 > once police have entered a home by any means – including coercion or deception – they can conduct a “protective sweep” of the entire dwelling and use any evidence that is found against the residents.

Not true.The agents indeed made protective sweep, but only to ensure that there are no dangerous occupants, which appears to be more than reasonable precaution given this particular home. The article clearly says that even when they were told about the gun under mattress, they only ensured that it was not loaded, but even after that to the question "what happens if I don't consent to search", they answered that they would seek a warrant. After that they obtained consent to search IN WRITING.

> ll that is necessary is to arrest the resident who refuses to permit the search.

If you actually read the case, it is very clear that this angle was carefully considered. The arrested himself confirmed that there was separate probable cause for his arrest, not in order to bypass his non-consenting.

"Dictum in Randolph suggesting that consent by one occupant might not be sufficient if “there is evidence that the police have removed the potentially objecting tenant from the entrance for the sake of avoiding a possible objection,” 547 U. S., at 121, is best understood to refer to situations in which the removal of the potential objector is not objectively reasonable.

Petitioner does not contest the fact that the police had reasonable
grounds for his removal or the existence of probable cause for
his arrest. He was thus in the same position as an occupant absent
for any other reason."


Add Comment
Name
Comment

* No HTML


Verification *
Please Enter the Verification Code Seen Below
 


PLEASE NOTE
Please see our About Page, our Disclaimer, and our Comments Policy.


FAIR USE NOTICE
This site contains copyrighted material the use of which in some cases has not been specifically authorized by the copyright owner. Such material is made available for the purposes of news reporting, education, research, comment, and criticism, which constitutes a 'fair use' of such copyrighted material in accordance with Title 17 U.S.C. Section 107. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner. It is our policy to respond to notices of alleged infringement that comply with the DMCA and other applicable intellectual property laws. It is our policy to remove material from public view that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our members or users.

About Us - Disclaimer - Privacy Policy



Advanced Search
Username:

Password:

Remember Me
Forgot Password?
Register

Instead Of Shooting Dog That Bit Him, Cop Soothed It - 09/01Here's How Law Enforcement Agencies Impersonate Your Friends - 09/01American Teen Gets 11 Year Sentence For Pro-ISIS Tweets That Taught People How To Use Bitcoin - 09/01Florida Fair DUI Attorney Arrested Then Un-Arrested - 09/01New York's Taxi Cartel Is Collapsing. Now They Want a Bailout. - 09/01Cop Shot After Responding to Wrong House and Shooting Man's Dog - 09/01Homeowner Shoots Cop After Police Respond To Wrong House On Burglar Call - 09/01Illinois Pays Lottery Winners In IOUs After Budget Crisis - 09/01

Man Follows Speeding Cop, Finds Out He Was Speeding To Buy PeanutsMission Creeps: Homeland Security Agents Confiscate Women's Panties For 'Copyright Infringement'Cop Shoots Couple's Dog, Threatens Jail For Trying To Save Dog's LifeSWAT Team Shoots Teen Girl & Her Dog During Pot Raid On Wrong HomeDurham, NC Cop Testifies Faking 911 Calls To Enter Homes Is "Official Policy"Indiana Sheriff Says US A "War Zone" To Justify New MRAP Military VehicleTampa Cops Surveil Pot Dealer, Catch Him Selling Pot, Raid His Home & Kill Him"You Just Shot An Unarmed Man!": Witness Says Police Shot His Friend With His Hands Up
(more)

 
Top