Now The 4th Amendment Is Under Attack

That this is happening in our nations capitol is beyond my comprehension. Equally stupifying is that it is happening while the Supreme Court is pondering the constitutionality of D.C.’s handgun ban.

The Fourth Amendment to the Constitution reads:

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.

Now, while there may indeed be a ban on handguns in D.C., it goes against our 2nd Amendment. But ban or no ban, the police do NOT have a right to search your home looking for handguns; nor can they do so without a warrant. According to the laws of this land, they cannot get a warrant without probable cause. So WHAT probable cause do they have to present you with an unspecific warrant, to search for any handguns? The fact that their handgun ban is in dispute and with the Supreme Court right now should mean that they can’t really do anything to fully enforce that ban to start with. So why does the D.C. police department think it has some right to now ignore the 4th amendment and perform what basically amounts to illegal search & seizures? I don’t care if they are calling it voluntary, it is still illegal IF they are producing a warrant to search your home without any probable cause, and then try to say they have some right to do it. If I lived in an area as riddled with gun crime as those people, I’d be marching in the streets for MY RIGHT TO PROTECT MYSELF AND MY HOME! They are assuming all are breaking “the law” by doing this. We are supposed to be innocent until proven guilty in this country. These searches are nothing more than an attempt to find you guilty, even though you’ve done nothing to warrant their suspicion! Why are they just not going after the KNOWN criminal element, which is what their job really is? Has the crime rate in D.C. suddenly dropped so low they need something to do?

I just about fell out of my chair when I saw this on Lou Dobbs Wednesday. Here’s the transcript from that part of the show:

DOBBS: Well, Washington, D.C. has the toughest handgun ban in the country. Constitutional rights of all kinds are under attack in that city. D.C. police now are watching an aggressive and some say purely illegal plan to search homes for illegal handguns.

Bill Tucker has our report.

(BEGIN VIDEO CLIP)

BILL TUCKER, CNN CORRESPONDENT (voice over): Police in Washington, D.C. are getting ready to go door to door in high crime neighborhoods asking to search for illegal guns and drugs. The response from community activists and the ACLU is simple and blunt.

UNIDENTIFIED MALE: Do not let the police inside your house.

TUCKER: Critics don’t want constitutional rights sacrificed for some quick fix as they call the police plan.

JOHNNY BARNES, ACLU: If the founding fathers were not concerned with the British troops coming into their homes, we would not have the Fourth Amendment. That is why we have it. And they condition passage of the Constitutuiop on passage of the Bill of Rights. This is not something to be taken lightly.

TUCKER: The Fourth Amendment guards against unreasonable surges. Directs that search and warrants only be granted only for probable cause. We have a description of what is being sought. Those rights can be waived but only if consent is informed and not coerced.

TRACI HUGHES, D.C. METROPOLITAN POLICE DEPT: This is program that people have been asking us to implement, we are doing it, and it is entirely voluntary. No constitutional rights are going to be violated.

TUCKER: Some of the community does support the program.

TIJWANNA PHILLIPS, ADVISORY NEIGHBORHOOD COMM.: The good people make up the majority and the good people are tired of living where we feel like we are subject to those that are committing crimes in our community.

TUCKER: But many are wary. They know that while people consenting to searches of amnesty, that amnesty is void if a gun is discovered in search is found to have been used to commit a crime.

RONALD HAMPTON, NATL. BLACK POLICE ASSN.: We shouldn’t be letting the police in. I served there for a quarter of a century. I wouldn’t let the police in my house.

TUCKER: Police say the Safe Homes initiative won’t begin until the officers it selects are well-trained in how to carry out the program.

(END VIDEOTAPE)

TUCKER: Gun surrender programs call for people to voluntarily turn in illegal guns in return for amnesty or cash, sometimes both. There is very little precedent for programs like the one in D.C. Boston has been trying to implement a similar program since late last year, but haven’t been able to because of community resistance. St. Louis did implement one in the mid ’90s, Lou, but it abandoned the plan.

DOBBS: Well you know how I hate to take a position, but what idiot came up with this direct assault on constitutional rights? I mean, what — the people of Washington, D.C. ought to be telling somebody to stick it big time.

TUCKER: Well, the communities so far have. I asked them where they got this idea. They said we got it from St. Louis and we got it from Boston. Both —

DOBBS: Well wait a minute. Who in Washington — who in Washington got this idea? The mayor? Who is this? The chief of police?

TUCKER: This is the chief of police.

DOBBS: The chief of police — these are the people who don’t trust the people of Washington, D.C. to have a gun to protect themselves in their own homes.

TUCKER: And then — they will tell you — the chief and police will tell you they got it from the people, Lou.

DOBBS: Yes, well — I’ll tell you what the chief and whoever is with the chief on this — go read the Constitution of the United States. You are out of your mind. Cut it out. This shouldn’t even be a matter to take up with the ACLU or anyone else. How about that simple decency, intelligence and common sense? How about just the absolute enrapture that you might have with American values?

The idea you would knock on a man or woman’s home, on their door, unbelievable. These — what are these people — what are they doing? They are not going to just let this stand, surely.

TUCKER: Well, they haven’t been able to implement it, Lou. They keep trying to and they keep backing off implementing the program because resistance from the community, the one whose idea this was, has been so strong.

DOBBS: Well — who is the one idea? Who is the one person with this idea? There’s always one person. I’d like to know who the hell that fool is. So to speak.

Bill Tucker, thank you very much.

I’m appalled. The very idea is so reminiscent of Nazi Germany, or Communist Russia, or any other number of countries where freedom and liberty didn’t/doesn’t exist.

If you are NOT angered over this, then I fear you are a lost cause. The Kool-Aid has done its job.

When is this nonsense going to stop? When did things get this bad in the United States that even law enforcement and our government are blatently violating the Constitution?

What’s next? Because if this isn’t nipped in the bud now, it will NOT stop. Our government obviously won’t be happy until the whole Constitution has been dismantled and shredded and all our liberties are gone!!

WAKE UP AMERICA………..TIME IS RUNNING OUT!!!!

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~ by swfreedomlover on March 28, 2008.

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