Daily Archives: May 19, 2011

Supreme Rant

http://news.yahoo.com/s/ap/us_supreme_court_warrantless_entry

“The Supreme Court on Monday ruled against a Kentucky man who was arrested after police burst into his apartment without a search warrant…”

I’m wandering what the temperature in Hell is today b/c I find myself actually siding with Justice Ruth Bader Ginsburg and dumbfounded with Justice Samuel Alito regarding the Court’s ruling in the case of Kentucky v. King. Well, I guess we can kiss our 4th Amendment goodbye too now b/c apparently martial law is in effect and that trumps constitutional protections to be secure in ones person and property. If you make a “suspicious noise” within your home and a cop happens to be nearby, now he can just burst your door down w/o a warrant, as long as he is “acting reasonably”! “Auktung! We thought we smelled marijuana [heard Jews hiding] in there, so we burst in and arrested everyone!” (Hitler’s Germany). You, Yes You, Stand Still Will ya!

“Justice Samuel Alito said in his opinion for the court that people have no obligation to respond to the knock or, if they do open the door, allow the police to come in. In those cases, officers who wanted to gain entry would have to persuade a judge to issue a search warrant. But Alito said, ‘Occupants who choose not to stand on their constitutional rights but instead elect to attempt to destroy evidence have only themselves to blame.'” So, I guess if you wish to “stand on your rights”, you’d better not make any noises when the gestapo knock, or else your “rights” are gone! What as Alito been smoking – maybe a cop needs to walk by HIS door and sniff periodically?!

Also why did such a case ever reach the federal courts? The Supreme Court of Kentucky had already ruled that it’s police had acted outside of it’s constitution and, since police power is reserved to the States by the 10th Amendment, that ruling should have been final for that state’s militia. This indicates the government is operating under a form of limited, if undeclared martial law. If our government were truly operating under the Constitution and Common Law, one would need a victim or complaining witness, in addition to violating a statute; or be posing an eminent danger to others in order for a crime to take place and to be arrested and charged with said crime. So an arrest would usually be made after a complaint was filed, evidence gathered, and a warrant issued. In our Republic, the government’s role is to secure each individual’s liberty from attack by others, not to decide what conduct is to or not to be allowed when that conduct does not harm others. I’m no fan of marijuana (a stupid weed that turns your lungs black worse than cigarettes and puts your brain in low gear. Why can ppl. who think one cigarette == death can sit and suck this stuff into their lungs and think it’s great for you?), but how can smoking a joint be a “crime”, since no one else is harmed or affected if you are in the privacy of your own home?