We are all familiar, at least to some degree, with the concept of chain of evidence, Miranda rights, and the 4th and 5th Amendments to the Constitution.
Evidence has to be acquired by legal means. A warrant is required, except under certain circumstances, to seize evidence. So, what happens if there is an incident, whether accidental, or, perhaps, even set up, to create a situation where, by stealthy means, “evidence” is secured without a warrant, or a crime (certain circumstances) in which the evidence can be rightfully secured?
On August 29, 2014, a Border Patrol Agent, claiming that a weapon had been pointed at him, fired five shots, from about 30 feet distant from John Foerster. Surprisingly, he missed hitting Foerster, indicating both poor marksmanship, and suggesting that the agent committed a crime, in violation of BPS policy.
Foerster, Massey, and the third member of their group, Varner, had their five firearms taken from their 4-wheel “mule”, without a warrant – a violation of the 4th Amendment. Then, without being read their Miranda rights, questioned by BPS, a local Sheriff’s deputy, and an FBI agent.
From the Affidavit for a Search Warrant, item 5.
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I think the saying "Nation of laws not men" is....flawed. If this were truly meant to be a liberty oriented country/society then how about: This is a nation of Rights and Liberty. (?)
ReplyDeleteRemember komrade, you're always guilty 'till proven innocent IF you can offord it.
-John C
I have a Natural Right to be left alone, defend myself and others, plus live my life as I see fit as long as I don't intrude upon others.
DeleteThe 4th Amendment guarantees freedom from unreasonable search and seizure.....this would mean they can't x ray you, do body cavity searches, tear you house or car into pieces or other such ridiculous and destructive practices. It also states that no warrant shall be issued without probable cause. NOWHERE does the Amendment grant ANY power to search anyone, anything or anywhere without a warrant. That is a practice that the government instituted without legal basis and to which the courts willfully are complicit. The claims of "probable cause", " exigent circumstance" and other similar legal fictions have no basis in the Constitution and are thus ILLEGAL and a violation of rights and the Constitution. Just because a criminal(s) in black robes says it's OK in no way makes it right, legal, just or Constitutional. The BOR and the Constitution are not difficult to understand and need no 'interpretation' by shysters......the act of 'interpreting'
ReplyDeleteIs merely a ploy to fool stupid people into believing their conduct is anything but criminal.
No warrant means no search under ANY circumstances is legal.....EVER.
Well said.
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