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U.S. Supreme Court: Police Cannot Carry Out Warrantless Home Invasions To Seize Guns Under ‘Caretaking’ Duties

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For Immediate Release: May 17, 2021

WASHINGTON, D.C. — A unanimous U.S. Supreme Court has ruled that police cannot carry out warrantless home invasions in order to seize guns under the pretext of their “community caretaking” duties.

Ruling that police must have a warrant or evidence of an actual emergency before invading a home without the owner’s consent, the Supreme Court has rejected attempts by police to expand their search and seizure authority under the “community caretaking” exception to the Fourth Amendment. The decision in Caniglia v. Strom dovetails with The Rutherford Institute’s arguments that allowing police limitless discretion to enter homes flies in the face of the Fourth Amendment’s prohibition on unreasonable searches and seizures.

“This was yet another blatant attempt by law enforcement to create gaping holes in the Fourth Amendment force field that is supposed to protect homeowners and their homes against warrantless invasions by the government,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “Thankfully, the Supreme Court recognized that ‘we the people’ do not need another slippery slope argument allowing government officials to violate the Fourth Amendment at will under the pretext of public health and safety.” More

Southern Poverty Law (Lie) Center: The shame of America

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Marti Oakley (c)copyright 2011 All Rights Reserved

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“I know of no one who thinks or believes that we can exist as a nation without a government.  What I do know is that we can no longer abide bad government, and one that has moved so far beyond its boundaries that it is now openly engaged in acts of aggression against its own people. “

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Whatever the Southern Poverty Law (Lie) Center may have done in the past that would have merited respect has long since gone the way of most organizations that lose their way when they are suddenly treated as if they actually still retain any value.  This organization that makes its living reviving McCarthyism with all the paranoia and viciousness it can muster is a blight on America.  It is my belief that we need to compile our own list of threats to America, and SPLC would top that list. 

Until a few years back, I was a registered Democrat and had been all my adult life.  I left that party along with any other political affiliation due to the corruption in government at the hands of politicians who did and still do violate our Constitution and our rights while they wage phony wars for profit and who will sell us out to the highest corporate bidder.  It was individuals from both major party’s who initiated the wholesale destruction of our rights; it was and is presidents representing both major party’s who encouraged and condoned these things.  I take these assaults on the Constitution and my rights very seriously.  For me, this is very personal and I reserve my Constitutional right to dissent and to voice that dissent without a gaggle of otherwise unemployable and paranoid hacks creating lists of fictional threats. 

It is apparent that the only “research” done to compile their lists is on the net.  Anyone (like me) who points out the corruption of the government, who questions their authority to violate and abrogate our rights, who publicly expresses their disgust with the loss of our sovereignty due to illegal trade agreements (which are NOT treaty’s as prescribed by the constitution), the selling off of our infrastructure to foreign interests, anyone who realizes that Muslims can’t be the international threat the government claims they are or they wouldn’t continue to allow millions to emigrate to the US (would they?) that Homeland Security exists for no other reason than to protect the government from us. 

If we believe that our right to own property free of government encumbrance, to engage in lawful business activity free of laws protecting corporations  and most especially if we believe that with our economy in shambles and 22 million legal Americans unable to find work that our borders should be secured and illegal residents deported back to their homeland……well, we must all be “hate groups, nativists, ring-wing extremists,” and whatever other fear mongering tags they can come up with to identify those of us who object to the deconstructing of America. 

Well, I lean more to the left , don’t own a gun, don’t belong to any groups and have absolutely no idea why being a “nativist” meaning, a patrotic American citizen, is a bad thing unless of course you are a member of SPLC and then you are fearful and suspicious of anyone who isn’t you. More

Government out to destroy American farmer

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The Payson Roundup        

by: S. Weyand


This government seems desperate to destroy the small American farmer and organic farmers. This is clearly a bill written with the help of Big Agra, ie, Monsanto. HR 2749 came out of the worst of the “food safety” legislative bills.

This bill would give the Food and Drug Administration the power to quarantine a geographic area. Including “prohibiting or restricting movement of food or of any vehicle being used or that has been used or that has been used to transport or hold such food within the geographic area.” [This means “that has been used to transport or hold such food” would mean all cars that have ever brought groceries home or any pickup someone has eaten take-out in, so this means All transportation can be shut down under this]. More

HR 2749: Our food supply seized by the Merchants of greed

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greedHR 2749, the “Food Safety Enhancement Act of 2009” is the latest in a series of misguided “food safety” legislation that utilizes a failed “one-size-fits-all regulatory scheme”. The legislation is completely absent effective regulation for US food imports and corporate agribusiness behemoths such as Monsanto, ADM, Con Agra and Cargill (primary causes of food safety failures). HR 2749 clearly favors the increased greed of the corporate industrial food complex while shifting the cost to small, local farmers, local food producers. It must be stopped at once.
There’s more.
According to Farm to Consumer.org, a non-profit organization protecting the constitutional rights of small family farms and consumers, “this bill would be an “absolute disaster for small farms and artisan food production”.
Here is the skinny on the HR 2749:
 
HR 2749 gives FDA tremendous power while significantly diminishing existing judicial restraints on actions taken by the agency. Power to Quarantine a Geographic Area; the FDA can also Halt All Movement of All Food in a geographic area.
  • Random Warrantless Searches of Business Records
  • Establishing a Tracing System for Food
  • Severe Criminal and Civil Penalties.
  • Annual Registration Fee of $500
  • Regulation of How Crops Are Raised and Harvested More

FCC claims the right to enter your home…without a warrant

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 hearyou

c/o Wired Magazine’s THREAT LEVEL

You may not know it, but if you have a wireless router, a cordless phone, remote car-door opener, baby monitor or cellphone in your house, the FCC claims the right to enter your home without a warrant at any time of the day or night in order to inspect it.

That’s the upshot of the rules the agency has followed for years to monitor licensed television and radio stations, and to crack down on pirate radio broadcasters. And the commission maintains the same policy applies to any licensed or unlicensed radio-frequency device.

“Anything using RF energy — we have the right to inspect it to make sure it is not causing interference,” says FCC spokesman David Fiske. That includes devices like Wi-Fi routers that use unlicensed spectrum, Fiske says.

The FCC claims it derives its warrantless search power from the Communications Act of 1934, though the constitutionality of the claim has gone untested in the courts. That’s largely because the FCC had little to do with average citizens for most of the last 75 years, when home transmitters were largely reserved to ham-radio operators and CB-radio aficionados. But in 2009, nearly every household in the United States has multiple devices that use radio waves and fall under the FCC’s purview, making the commission’s claimed authority ripe for a court challenge.

“It is a major stretch beyond case law to assert that authority with respect to a private home, which is at the heart of the Fourth Amendment’s protection against unreasonable search and seizure,” says Electronic Frontier Foundation lawyer Lee Tien. “When it is a private home and when you are talking about an over-powered Wi-Fi antenna — the idea they could just go in is honestly quite bizarre.”

 

George Washington University professor Orin Kerr, a constitutional law expert, also questions the legalilty of the policy.

“The Supreme Court has said that the government can’t make warrantless entries into homes for administrative inspections,” Kerr said via e-mail, refering to a 1967 Supreme Court ruling that housing inspectors needed warrants to force their way into private residences. The FCC’s online FAQ doesn’t explain how the agency gets around that ruling, Kerr adds.

The rules came to attention this month when an FCC agent investigating a pirate radio station in Boulder, Colorado, left a copy of a 2005 FCC inspection policy on the door of a residence hosting the unlicensed 100-watt transmitter. “Whether you operate an amateur station or any other radio device, your authorization from the Commission comes with the obligation to allow inspection,” the statement says.

The notice spooked those running “Boulder Free Radio,” who thought it was just tough talk intended to scare them into shutting down, according to one of the station’s leaders, who spoke to Wired.com on condition of anonymity. “This is an intimidation thing,” he said. “Most people aren’t that dedicated to the cause. I’m not going to let them into my house.”

But refusing the FCC admittance can carry a harsh financial penalty. In a 2007 case, a Corpus Christi, Texas, man got a visit from the FCC’s direction-finders after rebroadcasting an AM radio station through a CB radio in his home. An FCC agent tracked the signal to his house and asked to see the equipment; Donald Winton refused to let him in, but did turn off the radio. Winton was later fined $7,000 for refusing entry to the officer. The fine was reduced to $225 after he proved he had little income.

Administrative search powers are not rare, at least as directed against businesses — fire-safety, food and workplace-safety regulators generally don’t need warrants to enter a business. And despite the broad power, the FCC agents aren’t cops, says Fiske. “The only right they have is to inspect the equipment,” Fiske says. “If they want to seize, they have to work with the U.S. Attorney’s office.”

But if inspectors should notice evidence of unrelated criminal behavior — say, a marijuana plant or stolen property — a Supreme Court decision suggests the search can be used against the resident. In the 1987 case New York v. Burger, two police officers performed a warrantless, administrative search of one Joseph Burger’s automobile junkyard. When he couldn’t produce the proper paperwork, the officers searched the grounds and found stolen vehicles, which they used to prosecute him. The Supreme Court held the search to be legal.

In the meantime, pirate radio stations are adapting to the FCC’s warrantless search power by dividing up a station’s operations. For instance, Boulder Free Radio consists of an online radio station operated by DJs from a remote studio. Miles away, a small computer streams the online station and feeds it to the transmitter. Once the FCC comes and leaves a notice on the door, the transmitter is moved to another location before the agent returns.

Posted By Beat The Chip to Beat The Chip at 5/24/2009 09:29:00 PM

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