Posts in '4th Amendment'

It is the veteran…

It is the VETERAN, not the preacher, who has given us freedom of religion. It is the VETERAN, not the reporter, who has given us freedom of the press. It is the VETERAN, not the poet, who has given us freedom of speech. It is the VETERAN, not the campus organizer, who has given us freedom to assemble. It is the VETERAN, not the lawyer, who has given us the right to a fair trial. It is the VETERAN, not the politician, Who has given us the right to vote.  It is the VETERAN, who salutes the Flag, who serves under the Flag,  whose coffin is draped by the Flag. And for those who have passed; eternal rest grant them O Lord, and let perpetual light shine upon them.  Veterans know that the oath of allegiance has no expiration date. Despite what messes politicians make that erode our liberty,...

Arm The TSA? I thought we were trying to get guns OUT of the hands of criminals?

With the recent targeting and shooting of TSA personnel in Los Angeles there has been some discussion that the TSA should be an armed government agency. Seriously. Let’s start of with logic…also known as: gun controllers kryptonite. Why would the TSA need to be armed?  For all intents and purposes,  airports are gun free zones.  People travelling with their firearm must have it unloaded and locked in a case.  And no firearm can be present in the secured part of the airport which officially begins IN THE LINE of the security checkpoint. So, if the gun free zone that gun controllers champion really work, then TSA agents don’t need to be armed to defend themselves and that whole LAX thing must have been in our collective imaginations. But let’s look at the people who are being hired as TSA agents, or rather the requirements.  I’ve no doubt there are...

Oregonian Man Wins Lawsuit After Being Unlawfully Detained While On His Front Lawn Getting His Mail

Kevin Hall of Corvallis, OR brought a suit against the city for the unlawful detention he experienced last October. While walking to his mailbox to retrieve his mail, while also open carrying a firearm, Hall was approached by Corvallis Police Officer James Dodge.  When Dodge approached, Hall asked him if he was being detained, Dodge replied no but would like to talk to Hall.  Since he wasn’t being detained and wasn’t doing anything wrong Hall started to return to his house when he was stopped by Dodge and told him NOW he was being detained. I guess, according to Officer Dodge, you are free to leave until you actually try to leave, then you are detained.  This is akin to the stories of the good ole boy Sheriffs’ who bash out taillights and then give you a ticket for it. The Officers defense becomes the theatre of the absurd...

Federal Judge Rules Lawfully Exercising Right = Nullification of 4th Amendment

While taking a walk one day,  legally open carrying a firearm, Christopher Proescher was stopped by police, questioned and arrested.  The local prosecutor, seeing the Mr. Proeshcer committed no crime dropped all charges.  In response to the false arrest Proescher reasonably filed a lawsuit against the officers. Fast forward to Federal judge William S. Duffey Jr. who made the inane decision that while the arresting officers were wrong in arresting Proescher (you know, because he didn’t break any laws) that carrying a pistol openly constitutes reasonable suspicion of a crime, which authorizes officers to detain the person who is carrying and as such the officers acted properly. Allow me to rephrase: By exercising your legal right, you have forfeited your 4th Amendment Rights and as such will be subject to detention and false arrest with no recourse. That is what Judge Duffey has ruled. I  think of other Rights that this could impact,...

Did the TSA have it coming? LAX, an inevitability?

When I ask if the TSA had it coming, i’m not referring to the TSA official, Geraldo Hernandez, who lost his life in Los Angeles at the hands of alleged shooter Paul Ciancia, but rather did the way the TSA as an organization harass, molest, humiliate and intimidate people over the last decade lead to this as an inevitability. Are the TSA and it’s agents little more than the bullies we find in situations like Taft Union High Schol and New Bedford Massachusetts? Situations where those being bullied and picked on eventually were driven to crazed acts with terrible consequences. I’m not condoning their actions, but I see public service announcements every day decrying the evils of bullying and how people should not tolerate it.  I shake my head because, just like real life, telling someone usually just makes it worse. If you don’t stand up against a bully...

TSA to use gun permit system to single out gun owning flyers

The Transportation Security Administration is expanding its screening of passengers before they arrive at the airport by searching a wide array of government and private databases that can include records like car registrations and employment information. What else does it include?  Well, if you are a gun owner with a CCW permit, it includes that.  If you live in a state that requires you to register a firearm, it includes that.  If you live in a state that keeps a database of firearm purchases, it includes that. Why is that a big deal? Because instead of looking for terrorists, the TSA will be directing extra scrutiny at law abiding gun owners while the guy from Nigeria with a pound of C-4 in his underwear will be waved by since the TSA is more comfortable with planes being hijacked than being accused of racial profiling. Also, what does the exercising...

If Gun Controllers Read The Other Amendments Like They Do The 2nd

Gun control zealots love to get hooked on the semantics of the 2nd Amendment. Due to the forefathers elegant writing that is more verse than prose, gun control zealots have harped on misinterpreted syntaxes of the 2nd Amendment for years. A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed The gun controllers like to say that since there isn’t an “and” between State and the right of the people that somehow invalidates the intent of founders.   The intent being found in the other writings of the time. George Mason: “I ask, Sir, what is the militia? It is the whole people. To disarm the people is the best and most effectual way to enslave them.” Sam Adams: “And that the said Constitution be never construed to authorize Congress to infringe the...

Lies My Government Tells Me

With the recent signing of the UN Arms Treaty and its potential to undermine American sovereignty in regards to the 2nd Amendment, Sec. of State John Kerry and the Obama Administration has assured the public that they are not going after guns.  History, both recent and spanned, tell us that taking the government’s word in regards to “what will and will not happen” is tenuous at best. Here is a list of just some of the lies our government tells us. Social Security.  Putting aside promises that may have been made by FDR that the number would not be used for identification or that the program would be voluntary (yeah right) there are concrete promises that have been quickly tossed out.  Did you know that when the government was trying to cram the social security ponzi scheme down the American throats they made a lot of promises and even...

9/11/13 : Twelve years of letting the terrorists win

I’m going to sidestep the normal gun heavy discussion I tend to have and focus on my Libertarian roots. I cannot help but look at the past twelve years and see all that we lost.  Starting with the 2700+ killed in New York, the 343 fire fighters who died in the line of duty, those in the pentagon and those in the plane that struck it. Then I think of Flight 93 and the heroes on board.  The first and the last victory the people of this country had against the war on terror. Because everything afterward has been a continued and steady victory for terrorism. See, when terrorists commit to something, dying is pretty much a moot point.  Therefore killing them doesn’t actually change the scoreboard.  Don’t get me wrong, I’m all for killing terrorists, but that is just a show to cover the continuing defeats that we...

Military Style Raid to check the water…what did you think the Federal Gov was going to use that billion bullet stockpile on?

Chicken Alaska…no, it’s not some savory culinary dish a la chicken alexander but rather a small gold mining town with a population of 17. The members of this town were treated to a rather rude awakening when their little slice of the last frontier was descended upon by a cavalcade of Federal and State agencies.  Or more accurately, the Federal Agencies descended while bringing on some token State agencies in order to make it look less like an invasion and subjugation of state sovereignty. This raid, in which the agencies involved (10) nearly outnumbered the residents of the town (17) is somehow trying to be spun that it was not a raid. Let me stress one point about the previous sentence.  The number of AGENCIES nearly eclipsed the population of the town, not the number of agents which was likened by a resident as a swarm of ants. “Imagine...

Federal Judge ruled Stop & Frisk unconstitutional. Time for a 2nd look at Terry Stops?

New York Despot Michael Bloomberg has taken his virulent hatred of firearms beyond just infringing on the 2nd Amendment rights of his citizens and promoted a program that denies New Yorkers their 4th Amendment rights. This program is colloquially known as “Stop and Frisk”.  Stop and Frisk gives NYPD officers the ability to stop an individual on a whim and search him.  Now, a lot of people complain that it is unfairly targeting black people.  I complain that it is unfairly targeting ANYONE. The practice has increased 600% since Bloomberg took office. Stop and Frisk by the numbers Stop and Frisk basically lowers the amount of reasonable articulable suspicion needed for an officer to engage in a stop.  In fact, looking over the “justifications” on the official police form, reasonable seems to have taken a hike.   Fits description?  Funny how many innocent people fit someones description about something....

No-knock warrants in a lawfully armed Nation

Let’s begin with a definition. No-knock warrant: a warrant issued by a judge that allows law enforcement officers to enter a property without immediate prior notification of the residents, such as by knocking or ringing a doorbell The no-knock warrant is a “evolution” of police procedures brought on by the war on drugs.  The rationale is that if you announce yourself before entering a property, evidence (mostly drugs) can be flushed down the toilet or otherwise disposed of.  So instead of ringing the doorbell, they either kick down or blow up your front door and pop in smoke grenades and bum rush your house. While it is logical to understand that the element of surprise stops criminals from disposing of evidence, but what about the THOUSANDS of other times when a warrant is served at the wrong address? Children terrified, dogs shot, homes destroyed etc etc.  I guess innocent until proven guilty...