~~ How Liberals Dismantle the Constitution Piece by Piece ~~
There is a war going on. And the war is between WE THE PEOPLE – WE THE CONSTITUTION LOVING AMERICANS versus the constitution dismantling liberals.
We’re already used to seeing hits against the constitution by President Obama and his radical thugs of the Democrat party.
Every single day we witness, among many others, hits against traditional marriage, the constant attacks on the second Amendment rights to bear arm, freedom of person liberty through TSA pet downs at Airports, and the unconstitutional force of Obama Care.
Those attacks are perpetrated by lawmakers who actually took an oath to “Defend the constitution against all enemies foreign and domestic” and yet the very same democrat lawmakers, and their appointed czars and radical pundits work very hard every single day to dismantle the Constitution piece by piece.
The latest and most brutal attack on the constitution took place on May 11, 2011 by Indiana Supreme Court Justice Steven David when he ruled against the 4th Amendment of the “Right of Privacy”.
4th Amendment (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 be issue, but upon probable cause, supported by oath or affirmation and particularly describing the place to be searched, and the person or things to be seized.
(Dated back to the English Magna Charta of 1215)
What wonderful words, now worthless.
What happened: The court’s decision is based on a case inVanderburgh County,Indiana. Cops were called to a domestic argument between a couple, husband and wife, outside their apartment.
The couple went back inside their apartment and the husband told police officers that their service was no longer needed. He blocked the doorway to refuse the Police officers entry to the apartment.
The police forcefully made their way into the apartment and the homeowner shoved the Police officer against the wall and then was hit by a second officer with a stun gun, and then arrested.
The entry of the Police officers into the apartment was never asked for by the wife or the husband so the cops, in my opinion, had no legal authorization to go inside.
Sure one can say that this was Mr. Barnes’ own fault by pushing the officer against the wall; however he has every right to defend his home and once he refused entry to the police any further attempt by the same is a violation of his privacy rights.
In a 3-2 decision Justice David writing for the court says if a police officer wants to enter a home for any reason or no reason at all, homeowners cannot do anything to block the officer’s entry.
As a matter of fact Justice David says that a person arrested following an unlawful entry by police still can be released on bail which allows plenty of opportunities to protest the illegal entry through the court system.
Or in other words up until now the burden of proof rested clearly on the Prosecution (the state), but in this case it appears that it rests on the defendant. Once again if we, the citizens, feel our privacy rights have been violated due to unlawful search and seizure we have to hire a Lawyer and file charges.
Since not everybody can afford high priced Lawyers, this is nothing but a free pass for the police to act as they please.
Just imagine this: As of now any cop if he does not like your face, your car or if he is jealous because you dare to work hard and drive a fancy vehicle can now, according to this law, stop you and search and seize your car whenever he pleases; In front of your family, your kids, and all your friends embarrassing you just as he/she likes.
And there is nothing you can do about it.
I don’t remember when the United States became a Police State with Gestapo Methods.
Justice Steven David, born 1957 was a Chief Defense Counsel for the “Office of Military Commission” the body that was authorized to conduct the military commission to try Guantanamo captives.
He was highly critical of the way the commission had relied on hearsay evidence, secret testimony, and that evidence of abusive interrogation had been suppressed. In fact according to “The Times” he called for the entire military commission system to be scrapped.
In October of 2010 he was appointed by President Obama as Justice of the Indiana Supreme Court.
Since the United States Justice System is based on a “Creative Precedence” system, meaning that, unless the United States High Supreme Court makes a final ruling, many court decisions are based on previous Supreme Court rulings.
We will soon see what this ruling actually means, when illegal or unconstitutional search and seizures become common practice throughout theUnited Statesciting the Indiana Supreme Court Ruling as the precedence case and prototype.
This is the first direct hit against the United States Constitution taking away our most fundamental indefeasible liberty rights.
May God have Mercy on America
Rest in Peace Constitution
- NWI Times
- Find Law for legal professionals
- Supremecourt Ruling Barnes vs. State
- Wikipedia on Justice Steven David