Sounds good, doesn’t it? Safe Home Initiative. I want a safe home. Who doesn’t?
The DC Police Department announced recently plans to have officers go house to house asking for permission to search the homes for illegal handguns. Now, this isn’t searching homes where there is probable cause. This isn’t searching homes as part of a crime investigation. This is going door to door searching for illegally owned handguns with no reason.
If this can happen, how far off is it that the government would go door to door searching for other things you aren’t supposed to have. The only difference between what they’re trying to do and a violation of the 4th Ammendment is attempting to get consent. The 4th Ammendment orders that searches and seizures “must be supported by probable cause and limited in scope according to specific informaion supplied by a person (usually a peace officer) who has sworn by it.” I believe this specific case would be a violation of that ammendment because the DC police are actually Federal.
Watch the news story from NBC4.com – the local DC NBC station: http://video.nbc4.com/player/?id=232372
Read the article on WTOP News – http://www.wtop.com/?nid=695&sid=1372986
The director of the Washington DC chapter of the ACLU called it a “bad diea” and that residents might feel coerced into letting the police into their homes. “It sends the message to the public that the police ought to be able to search your house anytime for any reason,” Spitzer said. “People will be intimidated. That cheapens civil liberties and privacy for everyone.” See the article in the Washinton Post: http://www.washingtonpost.com/wp-dyn/content/article/2008/03/12/AR2008031202717.html
The ACLU has created a sign for citizens to place on their windows that say “To the Police: No Consent to Search Our Home.” View a copy here - also see the flyers the ACLU put out to notify citizens of their rights here.
The National Director of the National Black Police Association declared that he will not allow the police to enter his home.
The DC police say there will be an amnesty for any gun found – meaning anyone found with a gun won’t be charged with that crime. However, the guns will be taken and investigated to determine if they are related to any crime. If the gun is associated with a crime, charges will then be filed.
Not that I condone breaking the law – I don’t. But, I also think it’s heading down a dark unknown road if we allow the police to simply drop by and look for illegal things in our homes. The more I ponder these issues, the more I begin to realize that the drafters of the Bill of Rights knew what they were doing. They had lived through tyrany and oppression by the British and were determined to make sure nothing like that happened in this country again.
Consider the rights afforded in the Bill of Rights:
1- Freedom of Speech, Press, Assembly, etc.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
2- Right to Keep and Bear Arms
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. See my other post: “What is a Militia”
3- Protection from Quartering Troops
- No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
4- Protection from Unreasonable Search and Seizure
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.
5- Right of Due Process, Freedom from Double Jeopardy, Self-Incrimination, Eminent Domain
No person shall be held to answer for any capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
6- Right of Trial by Jury, Speedy Trial, Right to Counsel, etc.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
7- Right to Civil Trial by Jury
- In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.
8- Prohibition of Cruel and Unusual Punnishment and Excessive Bail
- Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
9- Protection of Other Rights
- The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
10- Powers of the States and People
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
Why are we so quick to demand that these rights be upheld for criminals and foreiners while not caring too much whether or not one or two go to the wayside for law abiding citizens? I heard a quote somewhere that said something to the effect of “It’s been difficult for the government in Iraq to create a constitution. Why don’t we just let them use ours? It’s been working for over 200 years and we’re not using it anymore.” Sad and true!
Both Boston and Philadelphia are planning to conduct similar home searches.
7 responses so far ↓
alina // March 28, 2008 at 12:56 pm |
I absolutely agree with you….no way this should be allowed to happen.
By the way…love the new blog header.
Girl600 // March 30, 2008 at 12:26 pm |
I did a show on this issue on my Pink Rifle podcast. Funny, how everybody now wants to mention Constitutional rights, protection against search and seizure but no one was for the Constitution’s 2nd Amendment.
JMB // April 1, 2008 at 3:20 pm |
The peoples right to keep and bear arms, is their right of self preservation, this is one of those inalienable rights of the people. Those founding principals of this Nation declare it, and our second amendment guaranties it, and even before these rights had been declared, they were ours.
JMB // April 3, 2008 at 3:26 pm |
“To the Police: No Consent to Search Our Home.”
This sounds just like those yellow stars that were handed out to the Jews of Germany.
Ark K // April 4, 2008 at 6:57 am |
I don’t let anyone that i don’t know that well to know where my house is let alone let them in . Reason is that i don’t want anything become missing that i worked hard to get it , and then be taken from me when i’m at work .
Yes, I’m inplying that Police officers might not be so clean .
I come from a country that was close to US standards with life comfort ( not as good as US was/is) but it was not 3rd world .
Police officers were cruket , but not as much they are now , cause there is so much oportunity to make $ with no effort .
So i can see here cople scenarios.
One is some police officer will see and make a mental note of what you have in your house , call’s his friends that are thiefs or what not and they come into your house and rob you blind .
Second is that if you had a problem with surtain officer , it dosen’t have to be the one looking thrue your house . can plant a gun that was used in murder years ago .
Police officers are people like you and me , get get angry , vindictive like all of us . Sometimes and more ofthen then not they get away with dirty tricks .
Also All Jews got the Yellow stars in all ocupied countrys , not only in germany . That was done so they can be rounded up like catle and thrown onto the truck and onto the train to the concentration camps . I’m not jewish , but my grand parants were in their 20’s when they got “lifted” of the street with Jews , but they went to the work camps , when Jews went to the “extermanation” camps.
Just little tiny fact
JJ // April 8, 2008 at 8:29 am |
Why not just erase the whole darn thing and let Mayor A Fenty and his co-horts in boston and PA re-write it to suit their needs.
Lets all live in a police state!
Our civil liberties are leaving, not with a bang but with a whimper. Its progressive- the patriot act, gun bans, illegal seizures.
next immediate sentencing for criminals without a jury of peers.
prepare to goose-step!
FIGHT FOR YOUR RIGHTS AND SUPPORT THE NRA!!!!!!!!!!
GUN RIGHTS FOR LEGAL OWNERS!
If no one fights, everyone loses.
JMB // April 10, 2008 at 9:42 am |
Ark K, Nice little tiny fact. By the way where do you live…lol