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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.

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Comments Add Comment Page 1 of 1

Posted: Mar 17 2014, 5:29 PM

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."

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