Tag Archive for 4th amendment

If You Like Living in a Police State, Vote for Jeb Bush

For those not already nauseated by the constant spin surrounding the bought candidates vying to seize power as President of the United States, you may have caught Jeb Bush’s comments he made at the National Security Forum in South Carolina. Jeb Bush clarified for the world a number of key facts about who he is, what he believes, and where he stands on issues. In short, he is not compatible as the leader of a free republic and certainly should be disqualified as anything more than a traitor to freedom and liberty.

To summarize Jeb Bush’s positions, it is worth beginning with the fact he has nothing but contempt for the Fourth Amendment and the Constitution. In fact, it appears he disregards the rule of law completely and believes, like President Obama, that the presidency affords him unlimited power. He utterly dismisses civil liberties arguments respective of governmental overreach and clearly wants a bigger, more powerful police state. Specifically, he stated that NSA’s domestic spying program needs to be expanded and made more powerful. I guess intercepting and storing every single electronic transaction, statement, text, email, and phone call to name just a few areas of focus isn’t Orwellian enough for Jeb. He also stated that he couldn’t find a single example of how NSA’s spying violated the law. Clearly Jeb must be constitutionally illiterate or more likely thinks a president is not subject to the rule of law and checks and balances of our constitutional republic. Read more

DC Criminalizes Constitutional Rights: City Issuing $1,000 Rewards for Neighbors to Rat on Neighbors with Guns

 

DC Continues Harassment of Legal Gun Owners...Rewards Tipsters that Report Legally Owned Firearms.

DC Continues Harassment of Legal Gun Owners…Rewards Tipsters that Report Legally Owned Firearms.

Thanks to our aware readers, Last Minute Survival is the first to bring you another breaking scandal.

In what we have come to expect from our growing Orwellian police state, the District of Columbia has now taken your tax dollars to pay neighbors to rat out and harass fellow neighbors with firearms.  Disturbingly, DC is soliciting, via ads on metro buses (see photo), information on anyone with a gun.  Even though the ads ask people to provide tips on anyone with an “illegal” gun, the implicit message is that ANY gun inside of DC “must” be illegal.  This politically targeted campaign of harassment sets the stage for gross violations of both the 2nd and 4th Amendments of the US Constitution, destroys the notion of probable cause, criminalizes lawful behavior, and justifies potentially deadly police raids.

This “crime fighting” initiative is the latest form of harassment in the long history of the DC government refusing to recognize the Second Amendment right of its citizens.  Even after the Supreme Court of the United States ruled in District of Columbia v. Heller, 554 U.S. 570 (2008), that the Second Amendment to the United States Constitution applies to federal enclaves and protects an individual’s right to possess a firearm for traditionally lawful purposes, such as self-defense within the home, DC still continues to flagrantly violate the right of citizens to own and possess a firearm within DC.  According to DC’s new initiative, if you see someone exercising what is not only lawful, but a constitutionally protected right, you must immediately call the police.  Even better, you get a reward of up to $1,000.  This initiative is analogous to telling the public to call the police if you see a reporter doing a story, a citizen speaking against a corrupt government policy, or someone worshipping in the religion of their choice.  Of course we should recoil against the thought of these gross violations of our rights, but in the case of firearms, it now appears you are guilty until proven innocent of lawfully exercising a right.  Just imagine having to buy ammunition covertly or as soon as you leave the gun store a “good citizen” is following you and providing your information to the cops to receive political bounties.  If you can criminalize one right, how long do you really think before all of your other rights are meaningless?  If you are thinking this is just a DC thing and doesn’t concern you, then allow this action to stand.  Within months you will see this same initiative pop up across the nation and soon it will be your neighbors being paid to rat you out every time you target practice in your back yard or head to the range.

The DC initiative sets a very dangerous legal precedent by completely obliterating a citizen’s Fourth Amendment protections against illegal search and seizure.  Specifically, someone can anonymously phone in a tip on an innocent person and that person will be taken down violently by the police.  Also, there are no safe guards for someone abusing the tip system.  How great would this be for a spiteful neighbor or anti-gun zealot to exact revenge and harass you?  There is a huge difference between someone witnessing what they genuinely believe to be a crime in progress, providing their identity, and the police acting on the tip and the police detaining and or raiding someone’s home for exercising what is a totally legal and protected right.  The Supreme Court is clear that anonymous tips in particular do not meet the 4th Amendment’s bar for probable cause, which is necessary for obtaining a warrant and executing a detention, search, and seizure.  Further, the fact someone has a gun or something that looks like a gun in and of itself is not probably cause of a crime.  Delving deeper, it would be nearly impossible for a citizen to know whether or not a firearm was owned “legally” in DC under the current laws that now DO permit firearms in the city.  This sets the stage for perpetual harassment of citizens that legally possess a firearm to include many law enforcement officers that reside within the city.

Beyond the outright disturbing nature of DC paying people to rat out their neighbors and harassing citizens for exercising their rights, it sets the stage for far deadlier situation and a massive waste of limited law enforcement resources.  Once these “tips” are made, DC police will act to “arrest” the offender.  Arguing “officer safety,” police will most likely opt for a SWAT style raid of the home of the person alleged to have a firearm.  These SWAT raids are extremely dangerous for all parties and have led to numerous deaths and injuries of innocent civilians to include children and babies to speak nothing of the terror it causes the person whose home was just raided.  These raids also often mistakenly raid the wrong home.  In the event of these “no knock” warrants, a law abiding citizen with a firearm may genuinely think their house is being robbed and go for their gun as their doors are kicked in.  In example after example, the police then proceed to execute the surprised homeowner as they storm the home and use the justification that the officers were acting in good faith when they murdered the innocent homeowner to indemnify themselves from legal action.

Make no mistake; the DC initiative to have neighbors tip off police is no accident.  It is a thinly veiled agenda by anti-gun elites such as former New York City Mayor Michael Rubens Bloomberg to circumvent the Constitution and criminalize not just the right to have firearms, but mentally condition the public that all firearms are bad.  Together, we can expose this and stop it cold or we will all be facing this same “crime fighting initiative” in our home towns soon.  You heard it here first at Last Minute Survival.  Take action now.

By Guiles Hendrik

November 19, 2014

The Truth About DUI Checkpoints

Today our civil liberties are not only being infringed upon, but often outright violated.  Sadly, few Americans are even aware enough to challenge these gestapo style intimidation tactics as police powers run amuck of our once free society.  Thankfully, a number of free thinking sites such as Alex Jones’ “Infowars” have provided numerous articles about the illegitimate nature of checkpoint stops and have sought to educate people on how to resist intelligently.  Here at Last Minute Survival we have also provided numerous well researched posts on how to protect your civil liberties and continue our series with this piece on DUI checkpoints to inform our readers how to exercise their “rights” against poorly trained thugs (some law enforcement) that blindly enforce draconian edicts.

DUI checkpoints are unconstitutional.  It is that simple.  Any checkpoint, which a stop is, even if it falls under the “Terry” case law, must at minimum, meet the requirements of reasonable suspicion.  To move forward and actually not allow someone to leave upon their own free will becomes an actual detention and probable cause of a crime “must” be present.  Nonetheless, police around the country violate this clearly established Fourth Amendment legal precedent with few civil liberty violation suits being launched.  Citizens need to know that they are not legally required to even speak with an officer at a checkpoint and do not need to remain (one must still obey traffic laws such as the need to yield) at the checkpoint once it is determined the “detention” is without probable cause.

If approaching a checkpoint, stop as directed and find out the nature of the checkpoint and why you are being stopped.  This could be done by only rolling down the window a small amount.  If the stop is for a random check, Fourth Amendment protections kick in.  This at best gives the officers some latitude to attempt to talk and question you, but you are also free to refuse to talk and leave on your own free will.  If an officer prevents you from doing so, it is usually best to comply as resisting will only give the officer more grounds to charge you frivolously.  However, if no probable  cause of a crime exists and the officer demands you get out of the vehicle, prevents you from leaving and going on your way, or in any way detains you further, the officer has violated your civil rights and is subject to legal suit. Further, any ensuing charges are likely to be dropped because any grounds for arrest were developed “after” an illegal detention.  As such, it is very important to understand what constitutes a Fourth Amendment detention.

The lowest legal bar for a detention; albeit temporary, is a “Terry Stop.”  This is most often the case of a traffic stop where an officer suspects the driver of violating some ordinance or committing a crime and stops the vehicle.  During the traffic stop the driver is NOT free to go and as such, the stop is governed by the Fourth Amendment search and seizure clause.  The Terry case law has been used by the courts for years to guide what constitutes reasonable grounds for an officer to make a vehicle stop or temporarily detain and question a suspect on foot.  As such, the opinion of the Supreme Court is that “reasonable suspicion” that a crime has been committed, is in the process of being committed, or is about to be committed by the subject in question must be met before an officer can detain a person for further investigation.  Even then, the Supreme Court has put time limits on the detention to allow the officer to develop “probable cause” from the original reasonable suspicion and arrest the individual or release the individual if probable cause cannot be established.  Although the courts recognize setting a specific amount of time would be counterproductive, the court favors a “reasonable” timeframe that often turns out to be no more than fifteen to twenty minutes in most cases.  In all cases though, the officer must meet the constitutional requirements for the seizure or be subject to prosecution and civil suit for civil rights violations.

The good news is that as citizens become more aware, it has become increasingly difficult for police departments to establish and operate checkpoints.  This is also due to the fact that the legal challenges that have gone forward have been successful.  As such, very few “DUI” charges are ever effectively prosecuted beyond appeals that are issued as a result of a checkpoint stop.  As a case study, we conducted an examination of the disposition of DUI charges issued at DUI checkpoints in Prince William County, Virginia.  We selected Prince William County because it is an affluent suburb of Washington, D.C. and has a highly professional police force that has recently walked away from random checkpoints exactly for the constitutional reasons we have discussed.  What we found was that next to zero DUI’s were actually prosecuted.  In fact, in about every case we reviewed, the charges were dropped unilaterally by the prosecution to lesser crimes to avoid the constitutional challenge in court.  This is highly suggestive of the changes occurring due to constitutional challenges of informed patriots and should be seen as a major victory toward reversing tyranny and the police state.

Please know and exercise your rights responsibly and act to educate others.  One of the best things you can do is band together with local lawyers to talk to your local sheriff or police chief and educate them on the unconstitutional nature of these type checkpoints and demand that your county, parish, city, etc. do not use them.  In the event a checkpoint is announced, organize local publicity campaigns to educate locals on the illegal nature of these stops and make sure you vote out any official that condones these type of draconian actions.

*Disclaimer:  This article is for informational purposes only.  LMS does not employ lawyers and our articles are the opinions of our analysts and should not be viewed as professional legal advice.  We always recommend seeking the opinion of certified legal counsel.

Government Announces Deployment of Orwellian “All Seeing Eye” Total Surveillance System over Washington

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Today news widely broke that the Army will be deploying blimps over Washington, DC for what it claims is a pilot program for its missile defense system.  The high tech blimps are sophisticated stationary surveillance and targeting platforms known as the JLENS or specifically, the Joint Land Attack Cruise Missile Defense Elevated Netted Sensor System made by Raytheon Co.  The problem is that Washington is at most under a minimal threat if under any threat of a cruise missile attack at all.  Thus, one should question the true motives for installing a roughly $450 million surveillance system over DC.  Our analysts believe that the system’s true mission has little to do with air defense and everything to do with monitoring, surveilling, and recording the movements of individuals and vehicles in real time, around the clock, 365 days a year.

The JLENS consists of a pair of blimps.  One of the aerostats carries a powerful long-range surveillance radar with a 360-degree look-around capability that can reach out to 340 miles. The other carries a radar used for targeting.  Operating as high as 10,000 feet for up to 30 days at a time, JLENS is meant to give the military more time to detect and react to threats, including cruise missiles and manned and unmanned aircraft, compared with ground-based radar.  However, the system has more than one use and can carry a wide ranging payload of highly sophisticated surveillance equipment and weapons.  Its manufacturer says JLENS “enables commanders to defend against threats including hostile cruise missiles, low-flying manned and unmanned aircraft, tactical ballistic missiles, large caliber rockets and moving surface vehicles such as boats, SCUD-launchers, automobiles and tanks.”  The problem with this statement is that cruise missiles, tactical ballistic missiles, drones, and large caliber rockets pose no threat to DC and SCUD-missile launchers and tanks have never rolled down the streets of America.  Considering this, the last couple capabilities are of note; in particular, boats and automobiles.  In this small admission, you find the real use of these aerostats that will soon begin appearing all over the U.S.

Contrary to what the government claims, this Orwellian system has the combat proven capability to track, analyze, and record the movements of every single vehicle in and around the DC metropolitan area.  Similar systems have been used in Iraq and Afghanistan to identify, track, and kill insurgents and it is now being deployed above the streets of America.  This “All Seeing Eye” can map the ground and identify even the slightest changes to the terrain such as a footprint or tire track in a field.  It also can identify, track, and destroy targets from points far beyond DC to include areas from New York down to North Carolina.  In fact, not only can the system map and store the movements of your car, but it can zero in on your license plate and even your face.  Using facial recognition software and integrated search algorithms it can identify single individuals and unknowingly track them indefinitely through their day.  The detail of the camera and radar systems are so precise that one could clearly identify if an individual is openly carrying a firearm or peer into your windows to see what you are having for dinner.  In fact, using thermal and infrared sensors, the system is capable of actually seeing into your home and through foliage.  Acoustic sensors can be tuned to the point it can identify a single gunshot and locate its origin or allegedly even record a conversation 10,000 feet below using high tech directional microphones.  Integrating data, the system is capable of compiling mountains of data that can then be mined and used to construct entire daily routines of individuals without their knowledge.

In short, the JLENS provides the government with the ability to track, follow, and record your every move feasibly throughout your entire life.  Misused, this system can obliterate perceived Fourth Amendment protections in your home as its technical capabilities allow it to pierce the privacy of your home’s walls miles away and see inside and listen to your conversations.  Further, in the wrong hands, the information this system gathers can be used for a host of draconian purposes to harass political dissidents in manners far worse than witnessed with the on-going IRS scandal.  This all raises serious civil liberty and privacy issues that must be addressed.  No court would allow the government to set up a thermal camera to persistently look into your home and record conversations spoken in private with sensitive equipment without probable cause and a warrant sworn before a judge, but this is EXACTLY what this system can and will do to every single household and person within thousands of square miles around the blimps location.  The government knows this and so is blatantly lying to the public about the JLENS’s true purpose.  The government wants the blimps in place across the US before the public realizes what is going on.  The government is in a full scale false information campaign to desensitize the public to this level of “total” surveillance.  Not since Orwell’s prescient novel has the US come so close to a total surveillance state, but fiction is now fact.

Please contact your representatives and demand that JLENS be scrapped and funding for the unnecessary system be cut.  Express your outrage and spread the word about what JLENS really is being used for.  Get on talk shows, blog, and write to your local papers about the system’s true capabilities.  The US doesn’t need to be spending a half “b”illion in your tax dollars to watch your every move. Resist the surveillance state now before it is too late!

 

By Guiles Hendrik

July 26, 2013

All rights reserved

 

For more reading:

http://www.huffingtonpost.com/2013/07/25/dc-blimps_n_3651676.html

http://www.reuters.com/article/2013/02/01/us-usa-blimps-raytheon-idUSBRE91018320130201

http://rt.com/usa/army-raytheon-jlens-blimps-594/

http://www.army-technology.com/projects/persistent-threat-detection-system-us/