THE FOURTH AMENDMENT-WHAT IT MEANS

I'd like to talk today a little about the origins and meaning of the
Fourth Amendment. First off what is the Fourth Amendment?

Amendment IV

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 meaning seems clear but I think it will become clearer if we look a
little deeper into American history. The first point is that John Hancock
before he became a signer of the Declaration of Independence was a
smuggler. He had a famous run in with Crown officers in 1768 when his sloop
the Liberty refused to pay the tax on some Madeira wine.

Now we know that there was strong sentiment in some corners of 18th century
America in favor of smugglers. And we know that the people were continually
harassed with open warrants and general searches. Revenue officers could
target people on the merest suspicion or target their enemies with no cause
whatever. Often there would be dragnets where the usual suspects would be
rounded up for interrogations and searches. All in the name of collecting
taxes and controlling contraband.

Now let us look at modern day America and the rights the Supreme court has
declared we have left as opposed to those the founders gave us.

Where are we? The Drug War exception to the Fourth Amendment couldn't be
larger. And let us be clear about this. The drugs for the most part are
smuggled goods. So lets start with the biggest hole the drug profile or
indicators as the police like to say these days. What do the police need to
start a drug case against you? Do they have to see you with the drugs? Do
they need to see you exchange money for drugs? No. You just need to 'look'
like someone who in the opinion of the officer might do those things. You
need only fit a profile or match a few indicators.

Lets look at a few of these specific indicators when it comes to the
vehicle you are driving and get an idea of how specific they are:

Exterior Indicators to look for:

1. Large or late model cars with large trunks - GM most popular. a.
Intermediate size also used. b. Occasionally a smaller car will be
involved. 2. Older car in top running condition. 3. Vans and pickup trucks
with camper tops also commonly used.

So now that the drug courier vehicle type is so clearly defined (just about
any car on the road). Lets see what kind of driver they are looking for.

12. Driving habits often result in the courier being stopped for a routine
violation a. Speeding up and slowing down b. Scrupulous obedience to
traffic laws - overly cautious c. Erratic driving due to drug or alcohol
use d. Many drive straight through and take drugs to stay awake e. Take a
long time to pull over

So following the law or not following the law are grounds for a drug
search. That sure gives you a lot of choices.

If you want to know more about how to avoid attracting unnecessary
suspicion may I suggest you visit:

http://www.cass.net/~w-dogs/lcour.htm

And the site that alerted me to the above site

http://www.lewrockwell.com/orig/felkins6.html

So from the above examples we see what is happening is that the limits on
government are being eliminated to solve a smuggling problem. The very
problem the writers of the Fourth Amendment experienced in their own lives
and therefore anticipated.

If you should meet any of the so-called Supreme Court strict
constructionists who have weakened the Fourth Amendment in their zeal to
collect contraband tell them they are in error.

Tell them to read about John Hancock and the sloop Liberty.

And tell them to Free E.J.