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Return of the King's General Warrants (seat belt laws)
lewrockwell.com ^ | 6/21/02 | W. Holdorf

Posted on 06/21/2002 3:29:57 AM PDT by from occupied ga

In colonial America, one of the sparks that lit the flame of liberty was the dreaded "Writs of Assistance," more commonly referred to as the king’s "general warrants." Such general warrants were a declaration issued by the Crown that allowed the king’s soldiers to search for smuggled goods in any suspected house or premises, day or night, without giving notice or warning.

In 1761, James Otis, a Boston, Massachusetts lawyer, who was advocate general of the Boston vice-admiralty court, was asked to defend the general warrants. Mr. Otis refused since he believed such warrants were a violation of a person’s liberty. He based his conviction on the political and social rights that are found in English common law. As a result of his conviction, he resigned his office rather than defend something he believed was wrong, a noble characteristic much needed in today’s legal profession.

Thereafter, he was hired by Boston merchants to challenge the legality of such warrants before the Superior Court of Massachusetts. It is noteworthy that he refused a fee offered him for his services, again, something rarely found in today’s legal profession.

It was reported that Mr. Otis spoke for four hours giving detailed evidence against the legality of the general warrants. However, the court eventually ruled against him, no doubt, more in sympathy with the king at that time. As a result, the citizens of Colonial America were constantly being harassed by the king’s soldiers using such general warrants merely on suspicion the law was being violated.

One of the first acts of the newly created nation after the successful War of Independence, our Founding Fathers, remembering the terror of such general warrants, passed the Fourth Amendment as part of the Bill of Rights added to the newly created Constitution, which reads:

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.

Our Founding Fathers believed there is a certain sanctity to one’s person, the ultimate private property, as well as to one’s possessions, that shall not be violated by the government without probable cause, as directed in the due process clause of the Constitution.

Unfortunately, the majority of today’s politicians no longer believe in such a sacred ideal of liberty exhibited by James Otis and our Founding Fathers. Over the last several decades, it is shocking to realize that legislators have passed laws that clearly attack or undermine our individual personal rights in the Bill of Rights. And just as bad, the U.S. Supreme Court has upheld such violations of our rights. In particular, the U.S. Supreme Court in April 2001 ruled that it was legal for a police officer in Texas to arrest, handcuff and jail a woman for merely not using a seat belt, a victimless, state created crime that hurt no one. Our Founding Fathers must be spinning in their graves!

Texas is one of the states that passed primary enforcement of its seat belt law, which allows the police to stop any motorists merely under suspicion that a seat belt is not being used. Primary enforcement is really not any different than the dreaded king’s general warrants for the motoring public, which our Founding Fathers thought they prevented by the passage of the Fourth Amendment.

It is shocking to realize we have come to such a low level of respect for individual personal rights that the majority of our present day legislators and even Supreme Court justices support the return of the king’s general warrants in the likes of primary seat belt law enforcement. What is to prevent the next step will be our houses; our persons, reminiscent of the Gestapo of Nazis Germany?

It is shocking how far afield we have come as a nation from the cry of Patrick Henry, Give me liberty or give me death," to "Click-it or ticket," the cry of politicians who arrogantly claim the right to violate the Bill of Rights in the name of doing "good." The fact is, taking away liberty in the name of doing good has been the easy road for dictators and tyrants for centuries. The fact is, if politicians who do not respect the Bill of Rights are not voted out of office soon, someday they will be doing so much "good" for us, we will no longer have any more rights to give up. Seat belt laws and, especially, primary enforcement, are clear major steps in that direction.

There certainly is nothing wrong with voluntary seat belt use; however, there is a great deal wrong with all state mandatory seat belt harness laws, and primary enforcement exacerbates that wrong even further.

June 21, 2002

William J. Holdorf [send him mail] writes from Chicago.

Copyright © 2002 by LewRockwell.com



TOPICS: Crime/Corruption; Government
KEYWORDS: fourthamendment; policestate; seatbelt
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Another home run from the dreaded lewrockwell.com. I suspect that the ad hominem attacks will come from the usual neo national socialists who are sufficiently self deluded to consider themselves conservatives yet at the same time praise
  1. King Geroge II
  2. Lincoln
  3. the war on drugs
  4. the war on terror
  5. the American police state
  6. the NRA - mistaking it for a pro gun organization
  7. helmet laws
  8. seat belt laws
  9. anti-smoking laws
  10. etc

1 posted on 06/21/2002 3:29:57 AM PDT by from occupied ga
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To: from occupied ga; dighton
"It is shocking to realize we have come to such a low level of respect for individual personal rights that the majority of our present day legislators and even Supreme Court justices support the return of the king’s general warrants in the likes of primary seat belt law enforcement. What is to prevent the next step will be our houses; our persons, reminiscent of the Gestapo of Nazis Germany?"

Yes ... Yes ... it's all now clear to me ... I can see it now!

This is right on the level of the burning of the Reichstag ... with Kristallnacht ... with the Race Laws ...

It's a sign of the Apocalypse! We're all doomed! Oh, please save us Lew ...

Wait ... I hear their hobnail boots on my porch now ... it's too late for me ... save yourselves!

/sarcasm ... off

2 posted on 06/21/2002 3:40:41 AM PDT by BlueLancer
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To: BlueLancer
You either follow
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.
or you don't. Once you start making exceptions it will sooner or later go away. Exceptions for something as banal as not wearing seat belts are probably worse than glaring exceptions such as searching for nuclear bombs, because it shows just how little the Bill of Rights means to governments these days, and what trivial grounds are used to violate our rights.
3 posted on 06/21/2002 3:48:22 AM PDT by from occupied ga
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To: from occupied ga
You can't spell "George" correctly.

Mistake King George II for his grandson King George III.

Think the NRA is Anti-gun?

Think the war on Terror is not conservative? (Gee Whiz what the heck are we supposed to do when someone kills 3,000 people in an unprovoked attack, sing "Michael Row the Boat Ashore"?)

Think America has a "Police State"? (Bull----, If you think we have a police state take a hard look at: The Soviet Union, Nazi Germany, Communist Cuba, Iraq, etc...)

You have a truly warped view of the world.
4 posted on 06/21/2002 3:54:38 AM PDT by GreenLanternCorps
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To: from occupied ga
However, should you have an accident and your injuries be substantially more serious than one who wears a seatbelt (which is a proven fact), should you NOT be charged HIGHER insurance premiums? The only way to accomplish this is to cite those who choose to ignore No's 7 & 8.

Afterall, for #'s 7, 8, & 9, when one chooses to increase their risk of a more serious medical consequence resulting in a consistantly higher insurance payout even when the effects are preventable - why should others have to help pay for the simple failure to demonstrate common sense?
5 posted on 06/21/2002 3:58:35 AM PDT by azhenfud
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To: GreenLanternCorps; dighton
"Think the war on Terror is not conservative? (Gee Whiz what the heck are we supposed to do when someone kills 3,000 people in an unprovoked attack, sing "Michael Row the Boat Ashore"?)"

No ... see, right there, you've fallen for the American Fascist Police State propaganda. The theme song for LewRockwell.com isn't "Michael Row the Boat Ashore" ...

.. it's "Kumbaya".

Get with the program, mister!
8')

6 posted on 06/21/2002 4:00:57 AM PDT by BlueLancer
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To: azhenfud
should you NOT be charged HIGHER insurance premiums

Probably true, but irrelevant. The article was not about the use of seat belts which is a good idea, but about the primary enforcement of laws for their use

7 posted on 06/21/2002 4:02:34 AM PDT by from occupied ga
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To: from occupied ga
It's for the children. No! Wait! It's so they can check for terrorists under your seat. No! That's not it. Let me see. It's for our own good. Yeah. That's it. It's for our own good. Our "erected" officials are desecrating the Constution for our own good.

Boonie Rat

MACV SOCOM, PhuBai/Hue '65-'66

8 posted on 06/21/2002 4:05:05 AM PDT by Boonie Rat
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To: from occupied ga
Here in Indiana the original mandatory seat belt law was passed and signed as politicians said it would never be a primary reason for probable cause and a traffic stop.Now,we have "Click It Or Ticket" roadblocks checking for setbelt use.
9 posted on 06/21/2002 4:08:00 AM PDT by John W
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To: John W
Sorry GreenSpellchecker-seatbelt.
10 posted on 06/21/2002 4:09:18 AM PDT by John W
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To: from occupied ga
...but about the primary enforcement of laws for their use

But the sensible public have to be protected against those who choose otherwise, hence to enforce the use of seatbelts by issuing citations helps prevent outrageous insurance premiums for others - same as stopping excessive speeders.

I hesitate to include the helment laws, for many times the claims are unfortunately of a terminal nature.

11 posted on 06/21/2002 4:10:01 AM PDT by azhenfud
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To: GreenLanternCorps; from occupied ga
"Think America has a "Police State"? (Bull----, If you think we have a police state take a hard look at: The Soviet Union, Nazi Germany, Communist Cuba, Iraq, etc...)"

This 'frog' doesn't even realize that the heat is being turned up and the water is starting to boil.

12 posted on 06/21/2002 4:11:09 AM PDT by Badray
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To: azhenfud
helmet laws - Sorry...
13 posted on 06/21/2002 4:12:51 AM PDT by azhenfud
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To: azhenfud
"But the sensible public have to be protected against those who choose otherwise, hence to enforce the use of seatbelts by issuing citations helps prevent outrageous insurance premiums for others - same as stopping excessive speeders."

In a free society, each person is responsible for his own actions and the consequences thereof. Only in a socialized world where no one is responsible for themselves and is responsible for everyone else, does this become a problem. Like ours is becoming. I voluntarily wore my seatbelt for years. Now that it is mandatory and a primary offence, I refuse to wear it. Screw 'em.

14 posted on 06/21/2002 4:17:35 AM PDT by Badray
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To: Badray
"This 'frog' doesn't even realize that the heat is being turned up and the water is starting to boil."

And you obviously haven't realized that wearing a tin-foil hat will help screen out those annoying voices you're hearing.


15 posted on 06/21/2002 4:20:12 AM PDT by BlueLancer
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To: GreenLanternCorps
I don't normally pay much attention to (.)s whose debating skills are limited to insulting me

You have a truly warped view of the world.

, but you are such an easy target I can't resist. Let me explain some basics to you.

  1. King George II is GWB - the current president. I refer to him in this manner to point out that his arbitrary and capricious ways (we won't arm the pilots because my administration says so) are more in line with a monarchy than a constitutional republic
  2. Think the NRA is Anti-gun?The NRA is not anti-gun. The NRA is pro gun control rather than pro gun. Garbage like Brady, Kennedy, Schumer, Clinton etc are antigun. The NRA with their "project exile" and their massive lobbying for the "instant background registration" show that they are very much for gun control. This makes them pro gun control rather than pro gun (look at www.jpfo.org for a pro gun organization)
  3. Think the war on Terror is not conservative? The war on terror is not conservative. The vast expansion of the powers of the state by the so-called "patriot act," the fusion of the innumerable unconstitutional federal secret police agencies into a single uber agency are not conservative. The paying of tax dollars to the relatives of the victims is not conservative. If you are too blind to see this then there really is little hope for you.
  4. (Think America has a "Police State"? blah blah blahWhat do you call a state that allows warrantless searches, where police are allowed to murder anyone with impunity (remember Waco and Ruby Ridge), and there are two classes of people - government employees and everyone else. I call it a police state. If you call it anything else you are deluding yourself.

    Oh and BTW picking on typos is another sign that you have nothing substantive to say.


16 posted on 06/21/2002 4:23:23 AM PDT by from occupied ga
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To: BlueLancer
I myself removed the metal screen on the front of my microwave oven years ago to protest the fascist government Consumer Product Safety Commission. How dare some NWO man in black try to dictate to me how much ionizing radiation I choose to receive!

Although my testicles are now the approximate size of California raisins and the skin on my chest burned away years ago, I'm FREE! FREE do you hear me!!?!?!

(/sarcasm off)

17 posted on 06/21/2002 4:28:13 AM PDT by strela
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To: Badray
You tink vee haf polizi state, no? Vee are vorking on it.
18 posted on 06/21/2002 4:28:37 AM PDT by meenie
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To: azhenfud
But the sensible public have to be protected against those who choose otherwise, hence to enforce the use of seatbelts by issuing citations helps prevent outrageous insurance premiums for others - same as stopping excessive speeders

You have proposed a false dichotomy. Namely that the only alternative is seat belt laws. You could easily extract the extra costs by raising the insurance premiums for those in accidents who weren't wearing seatbelts.

This is the same sort of logic used by advocates of "sensible" gun control laws - "we want to protect the public"

19 posted on 06/21/2002 4:30:25 AM PDT by from occupied ga
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To: strela
"Although my testicles are now the approximate size of California raisins and the skin on my chest burned away years ago, I'm FREE! FREE do you hear me!!?!?!"

Strange ... after I did that, my testicles have grown to the size of grapefruit (the Texas ones ... not the Florida ones) and the skin on my chest has developed into a texture not unlike that of a alligator's back.

What brand of monitor are you using?
8')

20 posted on 06/21/2002 4:31:51 AM PDT by BlueLancer
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