So Long 4th Amendment! It Was Nice While It Lasted!

By now you've probably read about the two recent court decisions that continue to chip away at our 4th Amendment rights:

Supreme Court: Marijuana smell means no search warrant needed

And...

Indiana court strips citizens of right to resist unlawful police entry

Our rights to resist, our rights to protect ourselves, our rights to question and our rights to refuse inappropriate police action are melting away like a vanilla ice cream cone in Death Valley.

Want to search a residence, but don't have a search warrant? Hey! I think I smell marijuana. Get the battering ram!

And what does the Indiana decision bring? The decision that dissenting opinions called "breathtaking" and "unnecessarily broad".

It effectively means that officers may enter any residence without warrant, probable cause or permission of the owner, leaving citizens' only legal recourse against such intrusions in the hands of police review boards or district courts.

"[We] hold that the right to reasonably resist an unlawful police entry into a home is no longer recognized under Indiana law," the court's majority wrote in it's verdict on Richard L. Barnes v. Indiana.

"We hold that the right to reasonably resist an UNLAWFUL police entry into a home is no longer recognized." Good God! They actually put that in writing?!?!?

We are truly heading in a very wrong, very bad direction. Where's it leading to? What's the end game?

God, I wish I knew!

I guess for those that smoke their going to have to move to a state where it's legal. Legal by getting a perscription. I think there is more to this then meets the eye.

The smell of marijuana has been a justified reason to enter without a warrant for some time now. It is, by true definition the destruction of evidence. The smell if caused by burning.
The other for Indiana is disgraceful.

Let them keep pushing - it's only a matter of time before the one being pushed finally pushes back.

reply to post by Hessling

Im sure some folks represented by the law offices of Smith&Wesson will may have other ideas if it comes to that.

The absurdity of the police state has been shown time and again. But it's no laughing matter anymore. Now it's here and there is apparently nothing we can do to stop it. Except to watch Terry Gilliam's masterpiece, "Brazil" and cry into our Victory Gin. Pardon the mixed film metaphor.

reply to post by Hessling


How many more amendments do they have to break before the people actually do anything?

Update!

You are NOT going to believe this one...

According to Newton County Sheriff, Don Hartman Sr., random house to house searches are now possible and could be helpful following the Barnes v. STATE of INDIANA Supreme Court ruling issued on May 12th, 2011. When asked three separate times due to the astounding callousness as it relates to trampling the inherent natural rights of Americans, he emphatically indicated that he would use random house to house checks, adding he felt people will welcome random searches if it means capturing a criminal.

If We Need to Conduct Random House to House Searches We Will

Do you think this guy ever heard of our Founding Fathers, or the principles they intended for our nation?

I am starting to get seriously creeped out!

Soon the Police in my opinion will become the hunted - and when that day comes they will realise that they are not so numerous or bullet proof as they believe.

I usually am totally absolutely against violence as a solution, but even I can see that violence is the only way freedom will be brought back to the common man. The powers that be can see this writing on the wall to, so its a race agaianst time to take your guns away.

Then you will walk to the camps as passively as the Jews did in WW2 as they didn't have guns either.

Originally posted by MentorsRiddle
Let them keep pushing - it's only a matter of time before the one being pushed finally pushes back.

That's what I'm afraid of.

You are most likely right. It seems to no longer be a matter of if, so much as when.

I dread that time as much as any in my lifetime.

reply to post by this_is_who_we_are


I love that movie. First time I saw it, I didn't get it.

Now...classic!

Your particular choice for scenes is quite appropriate.

Funny, not seeing any law enforcement in here commenting....hmmm, maybe because there is just no way in Heck that any AMERICAN could defend this decision by our supreme court. This court is not representing us, it's employers, at all.

Anyone just feeling like laws are now rapidly being changed to benefit a rapidly morphing fascist government?

When asked three separate times due to the astounding callousness as it relates to trampling the inherent natural rights of Americans, he emphatically indicated that he would use random house to house checks, adding he felt people will welcome random searches if it means capturing a criminal.

True criminals would enter my house arbitrarily and expect me to be okay with it. I'd say we didn't know true criminals existed in Western society until now, but many of this have seen this coming from these types of peoples for ages.

Its a shame that no one is interested in this thread or topic. We just lost the 4th amendment and hardly a peep from the ATS community about it. I searched for this topic here after hearing about it on another "conspiracy" site and this is the only thread I could find on the subject.

I have noticed this about ATS a lot recently. ATS will have front page threads about an 8.4 EQ THAT DOES NOT EXIST. But a thread about the supreme court effectively eliminating the 4th amendment doesn't even get past the first page after being around for 3 days. I have visited this site everyday for several weeks and there have been NO front page stories about this ruling by the SCOTUS.

This is why Americans are doomed and will lose their freedoms. Why? Because no one cares or is too stupid to understand. I bet even if this thread did make the front page it would be filled by morons arguing endlessly about how this is not an infringement on our rights and that this is just all "fear mongering" by a bunch of paranoid, tin foil hat wearing, idiots.

Someone recently told me, and I quote, "If you haven't done anything wrong you've got nothing to hide." To which I responded sarcastically "that worked out well for those living in Nazi Germany or Stalinist Russia or Maoist China didn't it?" Then I get the rolling eyes and "Come on Man! This is not Russia or China or Nazi Germany!" and then I respond "well with rulings like this we aren't getting any freer are we?"

Is it me or can people not think anymore? What kind of moron logic is "If you haven't done anything wrong you've got nothing to hide." ? This country is designed around an inherent mistrust government. If we could just trust government then why the checks and balances at all? Why term limits? If that quote above makes sense to you then you are lost - hopelessly lost!

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.

reply to post by MegaMind


Yes there is a thread, and it briefly made it to the front page:

www.abovetopsecret.com...

I am also a bit disappointed that the thread did not have more response. The 4th amendment means nothing. I guess GW Bush was right: It IS just a g'damned piece of paper!

reply to post by TrueAmerican


Yeah I saw that. It was about the Indiana court ruling - but then it went to the supreme court didn't it? And they gave their 8 - 1 ruling in favor of ignoring the 4th amendment.

Self defense is a basic right, and duty, of any living entity, be it plant, non-human animal, human animal or even politician.

Defending one's self and home against an unwanted forced entry by anybody is a Right no court or anybody else can say anything about. The 4th Ammendment does not grant that right, it recognizes it.

When faced with an invasion of their home, be it by the Cops or the Crips, a citizen has two choices: Resist or not.

Resistance can and many times will extract a price. Not resisting will extract its own price. The choice of resistance or not is up to the individual at the time.

The court can make whatever prouncements it likes; they will not change this fundamental right.