Showing posts with label fourth amendment. Show all posts
Showing posts with label fourth amendment. Show all posts

Wednesday, August 27, 2008

Hello, Mr. McCarthy

Ah, yes, free speech. Something every American is guaranteed in the US Constitution under Amendment 1 of the Bill of Rights...quoted, here, for your convenience:
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.
Of course, allow me to go on a tangent for a moment regarding this erroneous idea of the "separation of church and state." As you can clearly read in the document, that phrase does not exist. Please stop claiming it. I'm referencing this story and the people who say "religion doesn't belong in a public school." Bullpucky. Are you afraid the kids may actually stop carrying guns and grow a sense of morality? On top of that, it's an elective so they don't have to take it if they don't want to. Maybe if you'd paid attention in your government class, you'd know the Constitution a little bit better. All that amendment means is that there's not an established National religion--like Church of England. Or Catholicism. Or Muslim. Or Taoism. Hindu. Whatever. "I'll take 'A Clue' for $1000, Alex."

Moving on.

It seems our right to speak freely is constantly being abridged. "How, Rogue Assassin?" I hear you ask. In this news video from CNN, a young woman was asked to leave the SSA building in Van Nuys, CA (sadly, yes, this was in California), because her t-shirt was offensive.

If you didn't watch the video, it's a white t-shirt with small, black letters that read: "lesbian.com." That's right. That's all. It didn't swear at you, tell you that you smell like poo, have Calvin peeing on a religious symbol, or even have some derogatory message written on it. It just gave a website that happens to be for the gay/lesbian movement. Somehow, the security guard found this to be offensive.

She was told to leave or she'd go to jail.

"Pat, I'd like to buy a clue, please?"

Since when has what I have written on my t-shirt--my own personal property and testament to my existence--land me in jail? That, right there, violates my right to speak my mind. If I choose to wear something that calls black people "niggers," well, that's on me. Offensive or not, that may just be my opinion. If I choose to wear a t-shirt with a guy, a girl, a dog, a sheep, and an oven on it and the phrase, "F**K ALL!" that's my right. The pledge doesn't just say, "...with justice for all." It's "...with liberty and justice for all." Hmmm...that phrase sounds familiar....

Okay, so she wasn't escorted to prison and the security guard is facing some sort of punishment. But, how much do you want to bet her name ends up on this mysterious Terror-Watch List? That list that grounds you from flying. That list you don't know that you're on until you've purchased plane tickets and try to check in. That list you have to fill out an application, wait for them to "get around to" reviewing it, then decide if you should or shouldn't be on the list after they talk to you--and never tell you the results. Yeah. That terror-watch list...

The one that Drew Griffin found his name on. Coincidentally, it was -after- he ran an article on the Federal Air Marshal's program. Refusing to show ID (though not legally required) could also land you on that no-fly list. Why? Because you're calling your own rights into the situation. Is it really constitutional for the Department of Homeland security to--without probable cause or warrant--search your person and belongings? Nope. See, that's in Amendment 4 of the Bill of Rights. In fact, I wrote about that one already.

What it's boiling down to, is McCarthyism all over again. Huh. That's funny. "McCarthyism" is an actual word. Didn't come up on my spell-check as not existing. Don't know what it is? Look it up! How is this a return to that era? Because in order to get off that no-fly list, you have to convince the Department of Justice--or Homeland Security--that you are, in fact, not a terrorist. They have to agree with you. Hello? Anyone paying attention here? That list grows by 20,000 names per month. Really. Are there that many known terrorists? Here, I thought they were all Al Quida and pretty noticeable. Like Ron White says, "If I'm fixin' to get on a plane, and the guy ahead of me needs two loads of phlegm just to say his name, I'm checking his shoes for fuses. That's ain't racism...that's profilin'!"

When they outlaw speaking out, only those speaking out will be outlaws. Which is pretty much anyone who has a brain and chooses to use it.

Saturday, August 23, 2008

Searches & Seizures

An article dated yesterday on MSNBC announced that 'Wire' actress, Felicia "Snoop" Pearson had been arrested on a drug charge. Actually, that was the headline. The tagline was that police wanted her to cooperate in a murder trial in which she is to be a witness.

I'll let that settle in.

Okay. So, the police had a warrant to take her into custody because she wasn't wanting to testify at a murder trial. I can't say that I blame her. I wouldn't want to testify in a murder trial unless I was absolutely sure that I would be safe. If you don't know what I mean, see this article.

Granted, there is no way that you can get out of testifying. To my knowledge. You can refuse all you want, but if they summon you, you have to go. Do I agree with detaining an American citizen so they will testify? No. But, I'm not the one that makes the laws in this country. Probably should be thankful for that. I'll have to create The Rogue Assassin's Commandments sometime...just to see how fast the country would whine and complain.

Anyway, Ms. Pearson was served a warrant for her detention until the trial September 16. While they were serving the specific warrant, they decided to search her home. Let me remind you, loyal readers, that is illegal. In her bedroom, they found a couple of cigars that they thought might contain marijuana, so they arrested her for a minor drug charge.

Um. No.

See, we have this wonderful thing in this country called The Constitution. Attached to the Constitution is a little thing called The Bill of Rights. In this little Bill, the Fourth Amendment gives us the following information:
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.
So, the fact that they had a warrant for her detention does not nor did not give issuance to "probable cause" to search her house. And, even if it did, they would have had to go back for a SECOND warrant to search her bedroom. I don't understand what runs through law enforcement's brains when they pull bone-head moves like this. Lawful Anal is not a real alignment--no matter how much you wish it was. Just because you have a gun and a badge doesn't give you the right to trounce my rights.

And cops wonder why lawyers hate them...

Cop: "You let this hardened criminal get away?!"
Lawyer: "What part of 'illegal search' do you not understand?"
Cop: "Oh, sure! Blame me for not following the law!"
Lawyer: *has already left this conversation for a much needed tequila shooter*

There've been numerous reports of cops being shot and killed because they don't announce themselves when they burst into a house. Burst into my house unannounced and you won't be shot. You may find yourself down a limb or a head, but I won't shoot you. I don't like guns. Swords on the other hand...

These amendments are in place to keep the government in check. Without specific warrants, police could come into your home at any time and arrest you for no apparent reason. OH! Here's an example. My SO and I were walking to a movie theatre near our apartment. A police officer saw us near a smarmy motel. We didn't have many options of not being near said smarmy hotel since, oh, it's on the way to the theatre? We could have been on the other side of the street, but...why? The theatre was on the side of the street we were walking on. They followed us and stopped us in the parking lot of the theatre to find out where we lived and what we were doing and what we were planning, etc. Had I not been on my phone, I probably would have been arrested for non-compliance. What was their probable cause? Neither my SO nor myself look like criminals. Both of us were dressed casually, but not scummy. Neither of us have tattoos or facial piercings. In fact, we don't even look like we would have come out of that hotel.

Apparently, there's a lack of crime in Los Angeles and they were bored.