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Read the American Constitutionist

Tag: Fourth Amendment

  • The Warrant Requirement of the 4th Amendment

    The Warrant Requirement of the 4th Amendment

    “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.”

    4th Amendment to the U.S. Constitution

    Reasonable vs. Unreasonable Searches & Seizures the 5 Must Have Elements of a Reasonable Search

    The main point is that we are not free from ALL searches and seizures, only unlawful ones. ALL FIVE of the following elements are present for that search:

    1. A Proper Warrant: The search and/or seizure is illegal if there is no warrant.

    2. Based Upon Probable Cause: There must be probable cause that a law has been broken or violated.

    3. Supported By An Oath Before A Common Law Court: The warrant must have been issued by a common law court.

    4. Particularly Describing The Place To Be Searched: If there is no description then they can search anything. No limits. This is why you never consent (see below)

    5. The Persons Or Things To Be Seized: Again same here. If there is no description or if you give consent then all bets are off. They can seize anything. Never give consent.

    THERE ARE NO OTHER EXCEPTIONS TO YOUR RIGHT TO PROPERTY WITHIN THE 4th AMENDMENT. ALL searches and seizures that do not have all Five elements present are in violation of the 4th Amendment and therefore in violation of your constitutionally recognized right to be secure in your persons and property.

    KrisAnne Hall

  • Protecting Citizens’ Privacy

    The Fourth Amendment to the U.S. Constitution provides that,

    “The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated…but upon probable cause…”.

    The federal government’s collection, compiling, and abuse of databases to snoop on law-abiding citizens has rapidly expanding over the past two decades and continues to do so. This includes monitoring law-abiding citizens’ bank deposits, cell phone usage, e-mail, air travel, school children, lawful gun purchases, health care, medical records, immunizations, fingerprints, DNA, and genetic tests. Most often, these databases are built using the Social Security number.

    There have been renewed attempts by the federal government, especially since 9/11, to impose a federal ID on all citizens by requiring States to have social security numbers on drivers’ licenses. The federal government often accomplishes the establishment of a database through mandates and grants to the State.

    Corporations are also involved in the collection and selling of personal data without consent. The Social Security Act stipulates that the social security number is never to be used for identification purposes.

    The Constitution Party supports the protection of a citizen’s privacy rights and opposes the use of the social security number for identification purposes and any attempt to create and impose a national ID.

    Resolution passed by the Constitution Party National Committee, March 9, 2002, in Charleston, South Carolina