Posted on 02/28/2013 10:23:25 AM PST by B4Ranch
Your constitutional rights have been repealed in ten states. No, this isn't a joke. It is not exaggeration or hyperbole. If you are in ten states in the United States, your some of your rights guaranteed by the Bill of Rights have been made null and void.
And it is not just those ten states. Those are just the states where everyone who lives in those states has lost some of their constitutional rights. The sad truth is that there are only fourteen states where this stripping of the rights of American citizens has not happened.
What is going on?
The government has declared a one hundred mile zone around the United States borders to be a part of the border zone exception from the Fourth Amendment's freedom from unreasonable searches and seizures.
The Fourth Amendment states: 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.
Historically there has always been an exemption from the Fourth Amendment requirement at the nation's borders. Now the Department of Homeland Security is claiming the right to search electronic devices such as cell phones, laptops and tablet computers without a warrant or even any probable cause within that 100-mile zone.
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If you live in Hawaii, or Maine, New Hampshire, Massachusetts, Delaware, Rhode Island, Connecticut, Florida, Michigan or New Jersey, congratulations. It does not matter where you go in your state, the Department of Homeland Security can come in and demand to search your electronic devices. They do not need any cause.
Those states listed are only the ones are totally covered by these "border security" search zones. Other states like New York, Pennsylvania and Virginia have massive parts of their state that are covered by this too.
Who is responsible for this outrage?
The Obama Regime is responsible of course, because Obama is currently in power. Unfortunately this outrage started when George W. Bush was still in the White House.
The language of the Fourth Amendment is clear. It is the right of the people to be secure in their persons, houses, papers and effects from unreasonable searches and seizures.
The government still has the right to search a laptop or a cell phone if the agents have probable cause and get a warrant or if they have probable cause and there are exigent circumstances.
Electronic devices are the 21st century equivalent of papers and are certainly our effects.
If the Department of Homeland Security can search someone's cell phone or laptop without a warrant or even probable cause because you are within 100 miles of the border, what is next? Will the government start saying that if you live within 100 miles of the border, the Department of Homeland Security because of the border search exception to the Fourth Amendment now has the right to search cars and homes without either a warrant or even probable cause?
This is insanity and it must stop.
Where is the Tea Party Caucus in the House of Representatives? Why aren't they screaming about this desecration of the Constitution? Republicans should be the first to the floor of the House and Senate denouncing this and introducing legislation to rein in the Department of Homeland Security.
Will this happen anytime soon? Don't hold your breath.
Judson Phillips is an attorney and the founder of Tea Party Nation. He lives in Virginia with his wife and family. You can follow Judson on Twitter at @JudsonPhillips
Let’s do it in reverse. That would be easier. So far, we still have the right to eat, drink and sleep without the government telling you how, when, where, etc. Outside of that, it varies a lot.
What? I live in Western Michigan in one of the yellow bands on the map, but there is no way that I am within 100 miles of Canada!
You are right. I have time to take every theory advanced and research it to see if it is true.
Therefore, I shall put the research into what this author might have been basing his article on on my “to do” list as soon as I have finished reading the citations that were provided by other authors in their articles, as the majority do.
“... we still have the right to eat, drink and sleep without the government telling you how, when, where, etc....”
Not if you’re in Bloomberg’s NYC, or anywhere if the First Lady gets her way.
DHS considers all open water boundaries to be international waters therefore the shores are within their search authority and jurisdiction. The US Border Patrol therefore can search any person or vehicle within 100 miles of the boundary without a warrant or court order.
DHS considers all open water boundaries to be international waters therefore the shores are within their search authority and jurisdiction. The US Border Patrol therefore can search any person or vehicle within 100 miles of the boundary without a warrant or court order.
If I come by boat from Canada to Chicago. Chicago is an interntional port with a US Customs Office and a US Border Patrol team on duty 24/7 waiting to search me, my luggage and the boat if they wish.
I suppose they could press the point on within 100 miles of an international airport if they really wanted to. Or within 100 miles of the Mississippi and other larger rivers.
You are correct.
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