The legal concept of citizen privacy from government intrusion is unfortunately a very new one in the long strides of human history. The idea that government can be limited, or restricted in its powers by the people, and that certain realms of life can and should be off-limits to the prying eyes of bureaucracy, is rarely applied in any culture of any era. This is because most civilizations have been founded and ruled upon the principles of military dominance. There was no separation between the government and the armies it fashioned; the government WAS the military. That is to say, martial law was a way of life for society, privacy was a foolish dream, and daring to contest the fact usually led to one’s death.
The Magna Carta of 1215, which King John was essentially forced to support, established a foundation for civil liberties which would then be fought over for the next several centuries. Beginning in 1627, and the ‘Petition of Right’ in Britain, common citizens began demanding a separation between military and civilian life, as well as the dismantling of standing armies which at that time were being used by the corrupt oligarchy as a means to subdue the populace. The aristocracy called it “royal prerogative”. The masses called it tyranny. However, as we all know, such breaks in the suffocation of despotism are few and fleeting. Fractures in the Petition of Right were frequent, and the aptitude of government to make war (even when there is no call for war) became the common excuse for the rulership to degrade civilian legal protections and hurtle them back into the dark ages, where property is a novelty that the authorities violate at their leisure.
During the years leading up to the American Revolution, the British attempted to stifle the growing independent nature of the colonies by issuing laws such as the ‘Writs of Assistance’, bypassing rights to privacy and allowing officials to search homes and businesses at will without probable cause, supposedly in the name of “capturing smugglers”. Not fully satisfied with this intrusion on the lives of the colonists, King George and his cronies issued the ‘Quartering Acts’, which required all colonists to welcome soldiers sent to subjugate them into their homes and to their dinner tables. According to law, early Americans were not only forced to allow warrant-less searches of their homes, they also had to show hospitality to the goons sent to dirty their doorsteps!
The purpose of these actions by governments is to assert their control over a population. THAT – IS – ALL. Rationalizations are always made; usually in the name of “protecting the public from harm”, but the real name of the game is imperialism, and fear. When the establishment violates the line of citizen privacy, and gives its agents the legal free reign to enter your home at will, the message they are trying to send is: “Your property is our property. Your life is our business. The law does not protect you. The law is our weapon.” In other words: Resistance is futile.
The Revolutionary War and the U.S. Constitution should have been the final word on the matter of limited government and the inherent rights of individuals. But, the Founding Fathers only thwarted the elites for a time, and as long as such powerful minorities of men exist, there will always be new methods of tyranny, and new battles to be endured. Some may respond skeptically, claiming that our society today is a far cry from the age of British oppression and soldiers storming our living rooms and our pantries. I would have to disagree of course, after I stopped cringing at their ignorance.
The 4th Amendment A Fond Memory…
Last month in a 3-2 decision that has shocked the independent media community but gone mostly unreported in the mainstream, the Indiana Supreme Court ruled that citizens have no right to block an officer’s entry into their home, even if the officer does not have a warrant. The officer also does not have to give any clear indication as to why he wishes to enter your home, meaning he can enter without cause. Justice Steven David, one of the supporting judges stated:
“We believe … a right to resist an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment jurisprudence…”
“We also find that allowing resistance unnecessarily escalates the level of violence and therefore the risk of injuries to all parties involved without preventing the arrest.”
Keep in mind, this is the same Indiana court that decided in a previous case that an officer serving a warrant is not required to knock (make his presence known) before entering your home if he feels circumstances require it. So, to clarify; if an officer wishes to walk into your house, for any reason, he may do so, without a warrant, and without even knocking. You cannot block his path. You cannot close your door and lock it. You cannot kick his ass. You can’t even discuss the matter calmly with him before hand. He just walks in, and, he is legally protected.
I did not vote for Obama but he sure has his signature all over this.
ReplyDeleteTry coming in my home; dare ya double dare!!