1984 is here but you don't know it yet

Americans are not safe in their homes.

Not anymore, at least.

This present menace comes from the government and its army of bureaucratized, corporatized, militarized mercenaries who are waging war on the last stronghold left to us as a free people: the sanctity of our homes.

The weapons of this particular war on our personal security and our freedoms include an abundance of laws that criminalize almost everything we do, a government that views our private property as its own, militarized police who have been brainwashed into believing that they operate above the law, courts that insulate police from charges of wrongdoing, legislatures that legitimize the government’s usurpations of our rights, and a populace that is so ignorant of their rights and distracted by partisan politics as to be utterly incapable of standing up to the government’s overreaches, incursions and power grabs.

This is how far the mighty have fallen.

Government agents—with or without a warrant, with or without probable cause that criminal activity is afoot, and with or without the consent of the homeowner—are now justified in mounting home invasions in order to pursue traffic violators, seize lawfully-owned weapons, carry out knock-and-talk “chats” with homeowners in the dead of night, “prevent” individuals from harming themselves, provide emergency aid, intervene in the face of imminent danger, serve as community caretakers, chase down individuals suspected of committing misdemeanor crimes, and anything else they can get away with.

This doesn’t even begin to touch on the many ways the government and its corporate partners-in-crime may be using surveillance technology—with or without the blessing of the courts—to invade one’s home: with wiretaps, thermal imaging, surveillance cameras, and other monitoring devices.

However, while the courts and legislatures have yet to fully address the implications of such virtual intrusions on our Fourth Amendment, there is no mistaking the physical intrusions by police into the privacy of one’s home: the toehold entry, the battering ram, the SWAT raid, the knock-and-talk conversation, etc.

Whether such intrusions, warranted or otherwise, are unconstitutional continues to be litigated, legislated and debated.

The spirit of the Constitution, drafted by men who chafed against the heavy-handed tyranny of an imperial ruler, would suggest that one’s home is a fortress, safe from almost every kind of intrusion. Unfortunately, a collective assault by the government’s cabal of legislators, litigators, judges and militarized police has all but succeeded in reducing that fortress—and the Fourth Amendment alongside it—to a crumbling pile of rubble.

Two cases before the U.S. Supreme Court this term, Caniglia v. Strom and Lange v. California, are particularly noteworthy.

In Caniglia v. Strompolice want to be able to carry out warrantless home invasions in order to seize lawfully-owned guns under the pretext of their so-called “community caretaking” duties. Under the “community caretaking” exception to the Fourth Amendment, police can conduct warrantless searches of vehicles relating to accident investigations and provide aid to “citizens who are ill or in distress.”

At a time when red flag gun laws are gaining traction as a legislative means by which to allow police to remove guns from people suspected of being threats, it wouldn’t take much to expand the Fourth Amendment’s “community caretaking” exception to allow police to enter a home without a warrant and seize lawfully-possessed firearms based on concerns that the guns might pose a danger.

What we do not need is yet another pretext by which government officials can violate the Fourth Amendment at will under the pretext of public health and safety.

In Lange v. Californiapolice want to be able to enter homes without warrants as long as they can claim to be in pursuit of someone they suspect may have committed a crime. Yet as Justice Neil Gorsuch points out, in an age in which everything has been criminalized, that leaves the door wide open for police to enter one’s home in pursuit of any and all misdemeanor crimes.

At issue in Lange is whether police can justify entering homes without a warrant under the “hot pursuit” exception to the Fourth Amendment.

The case arose after a California cop followed a driver, Arthur Lange, who was honking his horn while listening to music. The officer followed Lange, supposedly to cite him for violating a local noise ordinance, but didn’t actually activate the police cruiser’s emergency lights until Lange had already arrived home and entered his garage. Sticking his foot under the garage door just as it was about to close, the cop confronted Lange, smelled alcohol on his breath, ordered him to take a sobriety test, and then charged him with a DUI and a noise infraction.

Lange is just chock full of troubling indicators of a greater tyranny at work.

Overcriminalization: That you can now get pulled over and cited for honking your horn while driving and listening to music illustrates just how uptight and over-regulated life in the American police state has become.

Make-work policing: At a time when crime remains at an all-time low, it’s telling that a police officer has nothing better to do than follow a driver seemingly guilty of nothing more than enjoying loud music.

Warrantless entry: That foot in the door is a tactic that, while technically illegal, is used frequently by police attempting to finagle their way into a home and sidestep the Fourth Amendment’s warrant requirement.

The definition of reasonable: Although the Fourth Amendment prohibits warrantless and unreasonable searches and seizures of “persons, houses, papers, and effects,” where we run into real trouble is when the government starts dancing around what constitutes a “reasonable” search. Of course, that all depends on who gets to decide what is reasonable. There’s even a balancing test that weighs the intrusion on a person’s right to privacy against the government’s interests, which include public safety….[     ]

What do you think?

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Kinda
2 months ago

American, defending your life, way of life or family or property == domestic terrorist.

Make sense?

last word
2 months ago

No knock warrants and more people in jail than China, despite only having 1/4 of their population.

China doesn’t have black people.

Says Who
2 months ago

The ‘greatest democracy in the world’ …

No knock warrants and more people in jail than China, despite only having 1/4 of their population.

Mik P
2 months ago

The US federal government is just a national Mafioso operation, it answers to no one and is ONLY focused on wealth and income confiscation to fund itself. Any mhoron who thinks public “servants” serve anyone but themselves is not paying attention. The US is a FASCIST state operating ONLY for the good of the bureaucracy and its governing corrupt political hacks. 

American
2 months ago

Yet Antifa and BLM can lay siege to any city, destroy property, both public and private and the militarized police force will just back off. 

George Floyd case has now been postponed till June. Must be wanting warmer weather here in Mn so BLM can have more favorable temps for the hoards of thugs that will descend on the Twin Cities to do round 2. All according to plan.

Uhm
Uhm
2 months ago

Police…
From “To protect and serve…”
Has changed to “our full pensions will be damn well paid in full.:

teg
teg
2 months ago

No, we aren’t the government. Government is unelected bureaucrats who think their “job” is to tell people how they should live their lives. If this hasn’t become crystal clear over the last year then you are truly hopeless.

real2211
2 months ago

It’s like I’m living in an alternate reality…. to me, the Burn, Loot & Murder crowd over the summer needed to be put down, and HARD. National Guard, hell, drone strikes if necessary (it’s not like a few craters would add much to the billions of dollars of damage done).

And just as obvious to me was the “insurrection” was just a bunch of “peaceful protesters”, wandering around taking selfies, wearing costumes, hell, being given tours by the security guards. Sure, there were a few antifa/BLM’s mixed in there… the next day they were being interviewed on CNN for the love of God!

Yet, somehow, these costume wearing, selfie taking, rubes are pure evil, and the raging, brick throwing arsonist, that killed hundreds of people and caused billions of dollars in damages, are wonderful people that should be an inspiration to us all.
Beam me up Scotty, there’s no intelligent life on this planet.

Deepend
2 months ago

Goebbels would be SO proud of the lefty clowns…

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The Oprahfication of the House of Representatives