The Fourth Amendment Matters

The article below was written by a friend with a background in the intelligence community.

The Fourth Amendment

“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.”

This is the text of your fourth amendment rights as written in the Constitution. This is an important right – this was created because King George of England did not give people due process and just went on searches to find evidence. This short amendment has kept our justice system working – no evidence not obtained through legal means has been admitted into the court and the government MUST have evidence to search your home, your computer, your phone, your car, or anything. The government may NOT just come up and say let me see because I suspect you of something. No the government, in this case the police, FBI, or any investigative agency, must go before a court and present evidence gathered through OPEN means that makes you a suspect in criminal activity and the court must agree that there is sufficient means to search your private property by issuing a warrant stating the suspicions, exactly what must be searched, and tell you of your rights. The only exception to this is the secret Foreign Intelligence Surveillance Court (FISC) where evidence still must be presented against you, you are just not told of the searches being conducted – the searches are allowed to be in secret.

Why this back ground? President Biden is now considering the hiring of private investigators to gather evidence for the government. Go back and read the text of our fourth amendment. Does it state how the evidence can be gathered? No it simply states the government to prove the searches are needed – how is irrelevant.

Another reason this is important. The government continually is using the FISC  more and more to gather evidence. They gathered evidence to search Giuliani’s iCloud through this means. When they searched his apartment based on the secret search, the FBI took Giuliani’s word as to what was on computers and hard drives. Seriously – you are going to take a suspect’s word? But they did. They are looking for evidence still to convict Donald Trump of a crime. This would be considered unreasonable. The government does not have the right to turn your life upside down to find something to put you in jail over or to break you. That would also be considered unreasonable.

My concern – if they, the government that we elected, is going to do this to people they don’t like openly and play games to violate our fourth amendment rights – when do they come after each of us if we disagree with a government statement? For example, we disagree with keeping the 2nd amendment? Or we disagree with the wearing of masks? People have asked what do we do, how do we fight it. First, we stand and we say no. Then we remain standing and firmly repeat we said no more. We do it for everyone – no one should have this happen to them – no one. We are our brother’s keeper. We now must keep our brother’s rights as spelled out by our Founding Fathers and we must loudly state it and remain standing no matter how hard it gets. We also must pray – God is this something to stand firm on and listen to Him – He will provide us the strength to remain standing and He alone.