Saturday, August 2, 2014

Protecting Our Fourth Amendment Rights

From the United States Constitution:

"Amendment 4 - Search and Seizure. Ratified 12/15/1791.

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. "

Read the words our Founders considered to be one of the first ten amendments to our Constitution, which is incorporated into the Bill of Rights. And then think how this amendment has been watered down to the point that not only does the Federal government violate this important AMERICAN right of ours each day under the guise of National Security, and by the NSA and other Federal agencies under what I feel is an unconstitutional law called The Patriot Act, but now this abuse has been discovered to be implemented by a county sheriff in Sacramento County in California. 

It was reported in Friday's edition of the Sacramento Bee that County Sheriff Scott Jones and his team is using something called "Stingray technology", surveillance technology which uses GPS and other location data in cell phones of investigative targets. It appears this has been used without first obtaining a court order.

Well, isn't this just peachy-keen!

Our rights have been trashed for years and we have stood idly by, doing nothing. Why? Are we afraid to speak our minds for some chance we would be considered un-American? Or, that we may be considered unpatriotic? Or, that in some crazy way, we support terrorism?

The actions of our Federal Government and by law enforcement officers like Sheriff Jones are more un-American and unpatriotic than anything they have been able find by spying on ordinary Americans, just going through our lives thinking these entities are protecting our rights and liberties than violating them.
As for the terrorist targets we think are being surveilled, well, they are smart enough to avoid detection completely. Just like the Mafia in days gone by, terrorists avoid FBI bugs on their phones and hangouts, by going outside and using code words.

The sad part about the Sheriff's response is the same as everyone else who has been caught violating the people's rights, a big fat "oops"And that is supposed to make it better?

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The Congress, I believe, is obligated to repeal the Patriot Act in its entirety, and instead, pass legislation making it a federal crime for any law enforcement or public official caught and then found guilty of violating our rights under the Fourth Amendment, punishable by a sentence of no less than ten years in jail, with no chance to plea bargain to a lesser charge and no chance for parole. Then, perhaps, these abuses will stop.

I am not afraid to challenge neither our government nor its officials for violating my rights. By doing so, they are the criminals.

As for Sheriff Jones and his team? At a minimum, he and his team should be dismissed from the force with a complete loss of their rights to their pensions.  Someone needs to be made an example. Since he admitted doing this, essentially he has admitted his guilt to violating, more than one time, the Fourth Amendment to the Constitution of the United States. 

Oh, and since he admitted to his wrongdoing, he waived his rights under the Fifth, Sixth, Seventh and Eighth Amendments. Just for starters.

Once someone is finally held accountable, the abuse of our Constitutional rights will stop. It is long overdue.

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