by Derek Smith
I ask this question due to the numerous sheriffs across the country along with other law enforcement officials saying that they will defy unconstitutional orders by the federal government and President Obama to confiscate guns. Yet these same officials violate the 4th amendment on a daily basis and our courts are complicit in allowing this to happen.
Ask yourself why an officer needs to ask for your consent to search your vehicle and if you refuse all they need to do is get a dog and say it alerted and then this gives them probable cause to search your vehicle without your consent or a warrant. Our courts say that no warrant is needed because some pampered judge does not want to be awoken in the middle of the night to sign a warrant for this fishing expedition. The argument put forth for saying you have no right to privacy in your vehicle is the same one put forth by the anti-gun crowd which is that our founding fathers had no way of knowing we would have things like cars, just like they say the founding fathers had no way of knowing we would have the kind of weapons we do today. Using that logic should the 1st amendment apply to the internet? I assure you that they did have horse drawn carriages and when they said that a person has the right to be secure in their persons, houses, papers and effects against unreasonable searches and seizures this was meant to apply to your car as well.
The reason we are seeing a deterioration of our rights is due to the lack of applying common sense and logic towards questioning these abuses of power. If it does not directly affect us we go on with our lives instead of standing up for the rights of the people affected. Many people are against bullying and will stand up for someone they see being bullied, as any true man would stand up and inject himself into a situation where he sees a women being beaten by a man or a child being abused by a parent(not spanked but truly beaten). We have to have this same attitude towards government and stand up for what is right even if what is being proposed does not directly affect our lives. 1st amendment supporters have to stand up for the 2nd amendment and 2nd amendment supporters have to stand up for the 1st and both should stand up for the 4th. In fact we need to stand up for all of the amendments not just some.
You wouldn’t just sit idly by if someone suddenly proposed repealing the 13th amendment and saying that some slavery is good would you? If your answer to that question is no then why are some infringements on other rights reasonable?
Back to common sense and applying it to the 4th amendment violations by law enforcement and how ridiculously inept our courts are. The courts will not allow an officer to walk a drug dog down the street or through the parking lot of an apartment complex and just start towing/confiscating or popping the locks with a slim Jim and searching every vehicle the dog alerts on without a warrant. So why do the courts say that it is ok for them to do this when you are in the vehicle? And I will ask the question again why the need to ask for your consent in the first place if they are not going to need a warrant all they need is a dog to alert? Why are no records kept on the number of false alerts a dog makes where some innocent person exercising their rights does not consent and then a dog alerts so the person is held on the side of the road for 2 hours while police find nothing? This scenario happened to me Feb 7, 2012 while on my way to work. I had to pass through a low income neighborhood on my way to work at 1:00a.m. The fact that I am white and in this neighborhood at that time of night made the officer suspicious so he made up a reason to pull me over saying I didn’t stop at the designated stopping point, a stop sign. This was not my first time to be pulled over for being the wrong skin color on the wrong side of town. Twenty four years before this incident as a 16 year old kid I decided to go drive a group of friends around a predominantly all black side of town referred to as the flats. The Urban Legend, or whatever you want to call it, was that if you were white and on that side of town after 10:00pm you wouldn’t make it out of there alive. I wanted to prove that was nonsense so I drove a bunch of scared friends down there. In less than 10 minutes of circling the drag we were being followed by the police. I obeyed every traffic law signaling every turn, stopping at the designated stop line for every stop sign and was pulled over and told by the cops it was for being white. They then ordered us to leave the area which if cameras were as inexpensive as they are today I would have refused and said I have every right to be anywhere in the town I want to be. The reason for that story is to illustrate the point of how many rights our police violate on a daily basis and bring us back to the question of why anyone would think that law enforcement is going to stand up and protect your 2nd amendment rights when they so willingly violate so many of your other rights?
So, we should pose the question to ourselves; do we really trust the people who have abused so many of our Rights to protect the others?