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Corrupt Government
See other Corrupt Government Articles

Title: The Gov’t War on Everything (They’ve Spit on the Bill of Rights Yet Again)
Source: Lew Rockwell
URL Source: https://www.lewrockwell.com/2016/05 ... -nestmann/govt-war-everything/
Published: May 25, 2016
Author: Mark Nestmann
Post Date: 2016-05-25 08:11:12 by Deckard
Keywords: None
Views: 508
Comments: 13

Your friendly Uncle Sam has done a great job of ending the civil liberties protections enshrined in the US Constitution and Bill of Rights. Think of the PATRIOT Act, FATCA, and Obamacare, just to name a few examples.

But individual states are running roughshod over the Constitution as well, especially in the context of the “War on (Some) Drugs.” One example is the notorious practice of civil forfeiture, where police can seize your property without accusing you, much less convicting you, of a crime.

But there are many others. A case in point is Wisconsin. That state’s Supreme Court recently ruled that police do not need a search warrant to forcibly open locked doors in a private home.

In 2012, paramedics arrived at a residence in Kenosha, Wisconsin, after an emergency call. The patient, Antony Matalonis, appeared badly battered, with one side of his body covered in blood. City police accompanying the paramedics learned that Matalonis lived with his brother in a nearby residence.

Once the ambulance left, the officers then went to the home of Charles Matalonis, to investigate the circumstances surrounding Antony’s injuries. Charles allowed them to enter the home without a warrant. That turned out to be a big mistake.

Once inside the home, police conducted a “protective sweep” for more injured people, and for their own protection. During the sweep, they discovered marijuana paraphernalia and noticed the smell of “pot” originating behind a locked door. They asked Charles for permission to enter that room. When Charles refused, they threatened to enter forcibly. Charles then gave them a key. Inside the room, they discovered a single marijuana plant. Charles was arrested for manufacturing a controlled substance, a felony punishable by a 3½-year prison term and a $10,000 fine.

The Kenosha County Court found Charles guilty, but the verdict was reversed on appeal. Prosecutors then asked the state Supreme Court to reinstate the conviction. And in a 4–3 decision, they did so.

It’s bad enough that a citizen can be fined and imprisoned for possession of a plant with medicinal properties. But with this decision, the Wisconsin Supreme Court has declared that so long as police have permission to enter a home with or without a warrant, once they’re inside, they can conduct a protective sweep. Police then have the right to rifle through your belongings, break down locked doors, and seize evidence that can later be used against you.

Critics of the decision call it appalling, and I agree. But it should come as no surprise. The Wisconsin decision is only the logical outgrowth of the continuing erosion of civil liberties endorsed by Congress and the US Supreme Court.

Our founding fathers tried to ensure civil liberties would be protected by attaching a “Bill of Rights” to the Constitution – 10 amendments in all. The Fourth Amendment states:

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 and things to be seized.

Your home has a uniquely protected status. Unless police have probable cause – something more than a hunch – they can’t enter your home without a warrant, or unless you give them permission to do so.

However, the PATRIOT Act gives the FBI the authority to break into your home without informing you a search took place. Agents may gather evidence related to any federal crime to be used against you.

Your right to avoid a warrantless search ends completely in any “emergency” type situation. The aftermath of the Boston Marathon bombings in 2013 demonstrated this new reality. Residents of Boston and surrounding towns were forced to submit to warrantless searches of their homes by heavily armed police.

Warrants are also incredibly easy for police to obtain. They have been issued to search homes based on window coverings that hinder police from peeking inside, having a “heat source” in the home, or even possessing a security system.

Incredibly, even if Charles had refused permission for police to enter his home, they could have used his refusal as evidence to obtain a warrant. That’s a consequence of a 1996 federal circuit court decision. In that case, a homeowner declined to allow police to search his home. Police presented this refusal as “evidence” to a magistrate and obtained a search warrant. Based on the results of the search, the homeowner was convicted on criminal charges. A federal appeals court ruled that while the magistrate improperly issued the warrant, evidence police seized during the search could be used against the homeowner.

The War on (Some) Drugs, the War on Terror, the War on Money Laundering, the War on Tax Evasion, and other militaristic campaigns to fight crime, terrorism and social ills aren’t going away. They’re intensifying, and the Fourth Amendment is just one casualty. Indeed, research by lawyer Harvey Silverglate concluded the average American commits three felonies a day, whether they know it or not.

If you live in the US, you’re part of these wars, whether you like it or not. Maybe it’s time to think about a “Plan B.”

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#1. To: Deckard (#0)

"It’s bad enough that a citizen can be fined and imprisoned for possession of a plant with medicinal properties."

They didn't. They fined and imprisoned him for possession of an illegal drug with psychoactive properties.

misterwhite  posted on  2016-05-25   8:31:52 ET  Reply   Trace   Private Reply  


#2. To: Deckard (#0)

Maybe it’s time to think about a “Plan B.”

Plan B ~ reverse migration, go some place else, but don't take your troubles with you

paraclete  posted on  2016-05-25   8:38:17 ET  Reply   Trace   Private Reply  


#3. To: Deckard (#0)

" the notorious practice of civil forfeiture, where police can seize your property without accusing you, much less convicting you, of a crime. "

I am totally against the misuse of civil forfeiture. It should be abolished.

Si vis pacem, para bellum

Those who beat their swords into plowshares will plow for those who don't

Rebellion to tyrants is obedience to God.

There are no Carthaginian terrorists.

President Obama is the greatest hoax ever perpetrated on the American people. --Clint Eastwood

"I am concerned for the security of our great nation; not so much because of any threat from without, but because of the insidious forces working from within." -- General Douglas MacArthur

Stoner  posted on  2016-05-25   8:40:58 ET  Reply   Trace   Private Reply  


#4. To: Deckard (#0) (Edited)

Some contend there is a government war on everything while others contend there is a Paultard war on government.

The solution to the former is to have an effective and accountable government and that will happen by electing Trump.

The solution to the latter is same solution as the one for the former.

Vote Trump to stop these wars.

Gatlin  posted on  2016-05-25   9:05:12 ET  Reply   Trace   Private Reply  


#5. To: Gatlin (#4)

others contend there is a Paultard war on government.

You and the other assclown who blame "Paultards" for the world's ills are the only two who contend that.

The solution to the former is to have an effective and accountable government and that will happen by electing Trump.

Sorry to burst your bubble, but you won't see any of the "Hope and Change" that Trump is promising come to fruition if he is elected.

He's already sold out to the banksters.

“Truth is treason in the empire of lies.” - Ron Paul

"America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards."

Deckard  posted on  2016-05-25   9:13:01 ET  Reply   Trace   Private Reply  


#6. To: Deckard (#5)

Sorry to burst your bubble, but you won't see any of the "Hope and Change"

WTF are you talking about with this "Hope and Change" shit?

There will be no "Hope and Change" ... there will only be "Action and Change" with Trump as President, and it will be STRONG action.

Gatlin  posted on  2016-05-25   9:22:23 ET  Reply   Trace   Private Reply  


#7. To: Gatlin (#6)

WTF are you talking about with this "Hope and Change" shit?

Trump's "Make America Great Again" slogan is just as empty of a promise as the one Obama made.

Good grief man - how old are you?

I assume you've been around long enough to know that anyone running for president will promise you the world, then after they are elected - you get squat.

“Truth is treason in the empire of lies.” - Ron Paul

"America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards."

Deckard  posted on  2016-05-25   9:27:05 ET  Reply   Trace   Private Reply  


#8. To: Deckard (#7)

Trump's "Make America Great Again" slogan is just as empty of a promise as the one Obama made.

Your metaphor is as wrong as your Paultard effort to evangelize your beliefs and spread the Gospel (according to Paul) was.

Gatlin  posted on  2016-05-25   9:33:20 ET  Reply   Trace   Private Reply  


#9. To: Gatlin (#8)

Your metaphor is as wrong....

Seriously?

Trump has made a lot of promises, says things that appeal to rubes (like you) but anyone who pays attention knows that his "suggestions" are devoid of reality.

...as your Paultard effort to evangelize your beliefs and spread the Gospel (according to Paul) was.

There's where you are wrong again - unlike Trump, Ron Paul has principles.

“Truth is treason in the empire of lies.” - Ron Paul

"America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards."

Deckard  posted on  2016-05-25   10:06:22 ET  Reply   Trace   Private Reply  


#10. To: Deckard (#9)

Seriously?

Vigorously serous!!!

Gatlin  posted on  2016-05-25   10:37:28 ET  Reply   Trace   Private Reply  


#11. To: Deckard (#9)

Ron Paul has principles.

Ron Paul is misguided in principle and they are unworkable in practice.

Gatlin  posted on  2016-05-25   10:46:27 ET  Reply   Trace   Private Reply  


#12. To: Gatlin (#11)

Nice job of derailing discussion from the topic of this thread.

One thing I do know about Trump - his agenda does not include rolling back the police state or ending the government's spying on citizens.

But those are two reasons you like him.

“Truth is treason in the empire of lies.” - Ron Paul

"America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards."

Deckard  posted on  2016-05-25   10:58:54 ET  Reply   Trace   Private Reply  


#13. To: Deckard (#12)

But those are two reasons you like him

There are many things I like about Trump. I like his sound immigration policy, I like that he will return manufacturing jobs to America and negotiate better trade.

But more importantly, I like that he speaks for the “little people.” Trump actually looks after the concerns of the middle-class, blue-collar workers. Ii’s proven that most politicians care little, if anything at all, about doing this.

Gatlin  posted on  2016-05-25   11:21:20 ET  Reply   Trace   Private Reply  


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