What Everyone Ought to Know About their 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.
Reasonable vs. Unreasonable Searches & Seizures the 5 Must Have Elements of a Reasonable Search
The main point is that we are not free from ALL searches and seizures, only unlawful ones. ALL FIVE of the following elements are present for that search:
1. A Proper Warrant: The search and/or seizure is illegal if there is no warrant.
2. Based Upon Probable Cause: There must be probable cause that a law has been broken or violated.
3. Supported By An Oath Before A Common Law Court: The warrant must have been issued by a common law court.
4. Particularly Describing The Place To Be Searched: If there is no description then they can search anything. No limits. This is why you never consent (see below)
5. The Persons Or Things To Be Seized: Again same here. If there is no description or if you give consent then all bets are off. They can sieze anything. Never give consent.
THERE ARE NO OTHER EXCEPTIONS TO YOUR RIGHT TO PROPERTY WITHIN THE 4th AMENDMENT. ALL searches and seizures that do not have all Five elements present are in violation of the 4th Amendment and therefore in violation of your constitutionally recognized right to be secure in your persons and property.
Unfortunately, the Supreme Court has turned the 4th Amendment into Swiss cheese by “CREATING” numerous unconstitutional exceptions. It will be very difficult to argue the true application of the 4th Amendment to any government agent who believes he is operating under proper legal power. That being said, here are some things you need to know…
NEVER Give Permission for a Search
- EVEN IF there is a warrant, you are not required to consent to any search. If there is a warrant and you consent then the government has your permission to search all property, even those not listed in the warrant. If you are shown a warrant, you should say, “I see your warrant, and you will search based upon that limited warrant, but you do not have my permission to search or seize any item.”
- IF there is no warrant, NEVER GIVE PERMISSION! It never hurts to repeat the words, “you do not have my permission to search.”
NEVER Volunteer Information
If you have been stopped in a car or on the sidewalk, one simple statement will make all the difference…“Am I being detained or Am I free to go?”
- If you are not being detained, simply walk away (drive away). Say nothing more.
- If you are being detained then the only thing you should do is tell the officer your name (if you are driving present your driver’s license) and say, “What law have I broken?” Under the 6th Amendment you have the right to be informed of the accusations against you. The only other thing you should say is “I wish to remain silent unless I have an attorney present.” And then, no matter what, do not speak, unless you are repeating your desire to remain silent.
Also, please leave any questions, or comments below in the comment box. Let us know if we missed anything. We read and reply to all comments every day.
Blessings in Liberty
PS: You’re got the fact sheet, you’re watching this video and you know, or beginning to know and feel how knowing your rights can help you defend your rights and transform you into a powerful defender and promoter of liberty. That’s why you’re going to love the special “Sovereign Duty” offer I’m going to share with you in the next couple of days. You’ll learn how the Constitution gives us the framework to overcome tyranny, you’ll learn about the Bill of Rights and the Roots of Liberty and you’ll be able to join with others.