The founding fathers of the United States spent a considerable amount of time putting in place protections, for the citizenry, against unlawful government searches.
Using liberty as the underpinning, and their presupposition that our rights come from God, not the government, they penned the Constitution and subsequent amendments, with the first ten identified as “The Bill Of Rights”.
The idea that citizens should be protected from unreasonable searches and seizures goes back far into English history. In 1604, Sir Edward Coke first identified this right. He said that “The house of everyone is to him as his castle and fortress, as well for his defense against injury and violence as for his repose.”
Unrest in the colonies grew when Britain passed numerous revenue collection bills (taxes) to collect as much money from the colonists as possible.
When the citizens resisted the heavy tax burdens, King George resorted to, “writs of assistance.” In British law, these were legal search warrants that were extremely broad and general in scope. British agents could obtain a writ of assistance to search any property they believed might contain contraband goods. They could enter someone’s property or home with no notice and without any reason. Agents could interrogate anyone about their use of custom goods and force cooperation of any person.
These types of searches and seizures, along with other tyrannical actions by the British Crown led many to call for and led to the American Revolution, and the eventual forming of our new Constitutional Republic.
In their deliberations, the men called upon to set up the framework for the new nation, took into consideration the abuses they had experienced under the Monarchy, and put in place language in our nation’s founding documents to give the citizens protections (rights) against such illegal searches, etc.
The antifederalists did not believe the Constitution had adequately addressed these rights, so the 4th Amendment to the United States Constitution was added on December 15, 1791.
It protects people from the search of their homes and private property without properly executed search warrants.
The Amendment IV
“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.”
Later, it was applied to the states through the Due Process Clause of the 14th Amendment.
In spite of all their efforts though, the federal government has grown in size and influence over the past 250 years.
The White House, DOJ, and IRS are displaying many of the attributes that millions of Americans have fought to prevent in other nations, but that is now present inside our borders.
In a viral body cam video worn by a Florida Sherriff, a man walking down the street was stopped, he tried to inset his rights, and ended up going to jail for committing any crimes, without cause.
Twitter users reacted to the video showing a wide range of opinions and understanding of the rights enshrined due to citizens.
This is ridiculous. https://t.co/ZFZ1n1q4Ur
— Catturd ™ (@catturd2) November 7, 2022
I am a huge supporter of the men and women serving in uniform, but I am against anyone who uses the authority given to them to suppress the rights of citizens, simply because they can.
The US Constitution needs to be taught in schools again, with law and order being enforced across the nation.
District Attorneys need to make sure laws are followed, in light of the protections afforded to all citizens by our founding documents.
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