Thursday, September 16, 2010

Fourth Amendment Rights

The fourth amendment to our constitution states: "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." 
The Bill of Rights, the first ten amendments t...Image via Wikipedia 
Increasingly, our government is violating this right in the name of safety.
Anyone who has read my blogs or facebook posts, understands my position on airline searches, especially the new scanners which create a virtual strip search. We've heard about Arizona's law that questions suspected illegals when stopped for a traffic violation.
How many have heard of the search and seizures here in northern New York?

The border patrol has the right to stop any public transportation within 100 air miles of any international border, including coastlines. According to Udi Ofer, a lawyer for the ACLU, 2/3 of all citizens live withing this area.
In effect, the agents can board any bus or train or boat and if they suspect someone of not being a citizen, they can demand to see their papers. However, in this country, it, so far, has not been mandated that we must carry proof of citizenship at all times.

In the feature case, a Chinese student who attended Potsdam State was arrested under suspicion of something. He ended up in varying jails for four months. Meanwhile, all his papers were with the sponsoring teacher. Unfortunately, he returned to China and his parents will not let him return to the United States. It is sad when China feels we are too controlling.

In a similar vein, my friend and her husband stopped about a half-mile from the U.S. border. He needed to fish out his enhanced ID which was in his wallet and on which he sat. When he arrived at the port of entry, the agent asked him why he stopped a half mile away. He then sternly warned him to not stop until he got to the station. How did they know he stopped? What difference does it make?

A good female friend with red-headed and fair-skinned was stopped, frisked, manhandled and handcuffed at the border. She had the misfortune of bearing the same name as a black man on the wanted list. The same thing happens repeatedly to Sylvie Nelson of Saranac Lake. She's stopped repeatedly, handcuffed, frisked in front of her kids because her name is similar to a black man's from Georgia. She's cleared each time, then stopped the next.

Sadly, Big Brother is watching and we may need to head to China to find some liberty. 
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