Have nothing to do with the [evil] things that people do, things that belong to the darkness. Instead, bring them out to the light... [For] when all things are brought out into the light, then their true nature is clearly revealed...

-Ephesians 5:11-13

Category Archives: Fourth Amendment

Sheriff Says He’ll Go to Jail Before Violating Citizens’ Rights Under Red Flag Law

This article appeared online at TheNewAmerican.com on Monday, April 1, 2019:  

With Colorado, now firmly in the grasp of progressive Democrats from the Governor’s Mansion to the State House and Senate, about to pass and sign into law its own odious “red flag” law, a reporter from CNN couldn’t wait to interview Weld County Sheriff Steve Reams about his threat to go to jail before he enforces it on any of his county’s citizens:

“Are you willing to sit in your own jail to avoid enforcing this law?” CNN asked Reams. His reply:

Well, obviously, no sheriff wants to be confined in [his] own jail, but if that’s what it takes to get this bill ironed out, then I guess that’s a sacrifice I’ll be forced to make. The worst way to bring attention to it is for me to be put in that position, but I’ll do that before I’ll violate somebody’s constitutional rights.

 

We’re working hard to try to figure out a mechanism to get this into the courts before somebody is harmed by it. Unfortunately, someone has to be damaged by it first. It comes down to whether I want to take this to court for violating somebody’s rights, or for me [for] refusing to enforce a court order.

It comes down to Reams taking his oath of office seriously, or not. His oath is to support the Constitution of the United States and the Constitution of the State of Colorado.

Reams has a lot of support.

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Just How Does the ATF Plan to Enforce Its “Bump Stock” Ban?

This article was published by The McAlvany Intelligence Advisor on Friday, December 21, 2018:

Following the announcement of its “final rule” on banning possession of “bump stocks,” a Department of Justice official was asked how they intended to enforce it when it becomes effective in March. He replied:

We anticipate that the general public will be compliant with the law.

 

To the extent someone chooses not to comply with the law, we will treat this as we do with all firearms offenses. We will prioritize our resources to maximize public safety, focusing on those that pose the greatest threat. We will enforce the statute based on the circumstances of the individual case as we do with all firearms law.

Would officials from the BATFE (Bureau of Alcohol, Tobacco, Firearms and Explosives, usually referred to as the ATF) go door to door? He answered:

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A Million New Jersey Gun Owners Ignore State’s Magazine Ban

This article appeared online at TheNewAmerican.com on Monday, December 17, 2018: 

When New Jersey passed its ban on possession of magazines containing more than 10 rounds in June, it gave the state’s million or so law-abiding gun owners 180 days to comply. The law provided five options: 1) modify the offending magazines so they could accept no more than 10 rounds; 2) “render the firearm [that accepts such magazines] inoperable”; 3) register firearms that cannot be “modified to accommodate 10 or less rounds”; 4) transfer the firearm or the magazine to “an individual or entity entitled to own or possess it”; or 5) surrender the firearm or the magazine to local law enforcement.

The million or so law-abiding gun owners selected option No.6: ignore the law and defy its enforcement.

The 180-day period expired on December 11, and not a single magazine has been turned in to any local law-enforcement agencies, according to responses obtained from Ammoland’s John Crump: “Ammoland reached out to several local police departments in New Jersey to see how they plan on enforcing the ban, and [to learn] what the turn-in numbers have been [as of December 14]. Like the New Jersey State Police, none of these departments have a concrete plan on how to proactively enforce the ban, and none had a single report of magazines being turned over.”

The penalty for being found in possession of one of the newly offending magazines is stiff: It’s a felony, with punishment consisting of up to 18 months in jail, and up to $10,000 in fines, or both.

When gun-hating liberals in the Colorado enclave known to some as “the Peoples’ Republic of Boulder” passed a law banning possession of “assault weapons,” “high-capacity” magazines, and “bump stocks” last May, gun owners reacted similarly. The New American covered the story and estimated that law-abiding citizens living in Boulder owned approximately 150,000 now-offending firearms. They needed to be “certified”under the law’s grandfather clause by December 27 or fines and jail time would be applied to those newly minted miscreants. As of December 1, the Boulder Police Department had certified just 85 of them.

Lest law-biding gun owners reading this think that New Jersey or Colorado are a long way from where they live, and therefore they have nothing to worry about, they should consider the disheartening and threatening move by numerous states to inflict similar injury onto them through “red flag” laws. They should further consider what their response will be when law enforcement shows up at their front door, either wit a demand to turn over offending magazines or relinquish their firearms under an ERPO — an “Extreme Risk Protection Order” — now the law in more than a dozen states with another dozen or so considering such laws.

The New American has reported on the dangers of ERPOs. One individual, Gary Willis, a resident of Ferndale, Maryland, was confronted with such a situation at 5 a.m. in early November. He resisted and it cost him his life.

Local papers covered the incident.Willis was asleep early Monday morning, November 5 when two officers from Anne Arundel County knocked on his door. A law-abiding gun owner, Willis answered the door “with a gun in his hand,” according to a police department spokesman.They were there to serve him with an “extreme risk protective order” and remove his legally owned firearms.

According to a police department spokesman, Willis put his firearm down to read the ERPO but then, apparently recognizing that it wasn’t a legal search warrant issued by a judge in accordance with protections guaranteed to him by the Fourth Amendment to the U.S.Constitution but instead was issued by a local judge under Maryland’s newly minted “red flag” law, he retrieved his firearm.  

The spokesman said that Willis “became irate.” In the melee that followed, one of the firearms carried either by one of the officers or by Willis went off. One of the officers then pulled his own sidearm and shot Willis dead.

FlexYourRights.com has a 38-minute video on YouTube that helps gun owners who take the risk of such a confrontation seriously. For those interested in a lawyer’s take on how to respond, one could consider purchasing Tim Baldwin’s “Police Contact: How to Respond” in DVD format for $20. Says Baldwin: “If a policeman believes you are guilty, being innocent may not be enough to keep you protected. There are many innocent people incarcerated in America’s prisons, or worse. Unfortunately, citizens themselves often help bring on improper conduct [by police] through their own ignorance of the law.”

This writer endorses Baldwin’s explanation. which is designed, as he says, to “keep you out of jail — or out of the morgue.”

Such presentations may still leave unanswered the question of how to respond when a law-enforcement official comes to the door with a warrant that clearly violates or ignores the strictures put in place by the Founders in the Fourth Amendment. How should he then respond? That question needs to be answered long before the doorbell rings.

According to Crump, New Jersey law-enforcement officials either have no plan to enforce the magazine law or aren’t willing to discuss it. Those departments he quizzed refused to answer, or responded with “We do not discuss law enforcement strategies.” 

Resistance to Red Flag Laws Cost This Gun Owner His Life

This article was published by The McAlvany Intelligence Advisor on Wednesday, November 7, 2018:  

Trekkies will remember the Borg as cybernetic organisms that live in a hive mind called “The Collective.” They co-opt technology from other species and gain such power that “resistance” to them “is futile.”

Gary Willis, a law-abiding gun owner living in Ferndale, Maryland, resisted, and paid for it with his life. Local papers covered the incident. Willis was asleep early Monday morning when two officers from Anne Arundel County knocked on his door. A law-abiding gun owner, Willis answered the door “with a gun in his hand,” according to a police department spokesman. They were there to serve him with an “extreme risk protective order” and remove his legally owned firearms.

According to the spokesman, Willis put his firearm down to read the ERPO but then, apparently recognizing that it wasn’t a legal search warrant issued by a judge in accordance with protections guaranteed to him by the Fourth Amendment to the U.S. Constitution but instead was issued by a local judge under Maryland’s newly minted “red flag” law, he retrieved his firearm.

The spokesman said that Willis “became irate.” In the melee that followed, one of the firearms carried either by one of the officers or by Willis, went off. One of the officers then pulled his own sidearm and shot Willis dead.

Family members told Capital Gazette reporters that a distant relative had requested the ERPO the day before, due to an “incident” that occurred at his residence. The details of the “incident” remain unclear at this writing, but the backpedaling by the police chief began almost immediately.

Said Anne Arundel County police chief Timothy Altomare:

Keep reading…

Law-abiding gun Owner Killed During Red Flag Confiscation Raid

This article appeared online at TheNewAmerican.com on Tuesday, November 6, 2018: 

Gary Willis, a resident of Ferndale, Maryland, was awakened Monday morning at 5:17 a.m. when two officers from Anne Arundel County knocked on his door. A law-abiding gun owner, Willis answered the door “with a gun in his hand,” according to a police department spokesman. They were there to serve him with an “extreme risk protective order” and remove his legally owned firearms.

According to the spokesman, Willis put his firearm down to read the ERPO but then, apparently recognizing that it wasn’t a legal search warrant issued by a judge in accordance with protections guaranteed to him by the Fourth Amendment to the U.S. Constitution, but instead was issued by a local judge under Maryland’s newly minted “red flag” law, he retrieved his firearm.

The spokesman said that Willis “became irate.” In the melee that followed, one of the firearms carried either by one of the officers or by Willis went off. One of the officers then pulled his own sidearm and shot Willis dead.

Family members told Capital Gazette reporters that a distant relative had requested the ERPO the day before, due to an “incident” that occurred at his residence. The details of the “incident” remain unclear at this writing, but the backpedaling by the police chief began almost immediately.

Said Anne Arundel County police chief Timothy Altomare:

Keep reading…

Florida’s “Red-flag” Law Taking Guns Without Due Process

This article appeared online at TheNewAmerican.com on Wednesday, June 6, 2018: 

After the Marjory Stoneman Douglas High School shooting, it didn’t take long for Florida’s “red-flag” law to be implemented. The Florida legislature enacted the law on March 9, apparently deciding that the ends justified the means, i.e., that judicial processes in place since the founding of the Republic were just too cumbersome and took too long. So they did an end run around the Fourth Amendment, and the law now allows a family member or a member of law enforcement to ask a judge to issue a warrant to seize an owner’s firearms, lowering the constitutional bar from “probable cause” to “reasonable cause.” The new law also prevents the intended victim from knowing his accusers, or from confronting them in a court of law. If he is later deemed innocent, he must petition the court to regain possession of his confiscated firearms.

In simple terms, under Florida’s “red flag” law — presently in place or being considered in more than two dozen other states — a person is guilty until proven innocent, and he must bear the costs of proving his innocence.

Consider, for example, the case of Broward County Sheriff’s bailiff Franklin Joseph Pinter, age 60,

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Parkland High School Survivor Questioned After Going to a Shooting Range

This article was published by The McAlvany Intelligence Advisor on Friday, April 27, 2018: 

When Kyle Kashuv, one of the more prominent figures in the ongoing debate about what to do to reduce high school mass shootings, went to a shooting range with his father last Friday, the first thing he did was post some pictures and some pro-Second Amendment comments on Twitter.

He should have known better. With the pain still fresh from the massacre that took place there on Valentine’s Day, he shouldn’t have been surprised at the response. A few of his fellow students at Marjory Stoneman High School took umbrage and reported his Twitter pictures and comments to school authorities. Kashuv explained what happened next:

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Trump Softens Gun-control Plan, Enrages Anti-gun Liberals

This article appeared online at TheNewAmerican.com on Monday, March 12, 2018: 

Senator Chuck Schumer

Senator Chuck Schumer

So much softer were the president’s gun proposals released Sunday night than were expected that liberals started howling immediately. They were expecting President Trump to push for a raise in the age to purchase rifles, possibly a ban on so-called assault rifles, support for universal background checks, and the NICS “fix” promoted by Senators John Cornyn (R-Texas) and Chris Murphy (D-Conn.). Instead they got this tweet from the president: “Very strong improvement and strengthening of background checks will be fully backed by White House. Legislation moving forward. Bump Stocks will soon be out. Highly trained teachers will be allowed to conceal carry, subject to State Law. Armed guards OK, deterrent!”

Sorting it out, the president’s “gun plan” consists of

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Red Flag Warning: States Confiscating Guns by Ignoring Fourth Amendment

This article appeared online at TheNewAmerican.com on Monday, March 12, 2018: 

An assortment of new restrictions on the Second Amendment in Florida also launched an attack on the Fourth Amendment, as well. As The New American noted last week, Florida’s new “red flag” law abrogates the Fourth Amendment on the way to violating the Second Amendment:

Simply put, someone who thinks someone else might be a danger to himself or others can present his arguments to a judge who then, based upon those arguments, is free to decide whether the state (police armed with guns and badges) can forcibly remove privately and legally owned firearms from that person’s possession. The “red flag” provisions do not allow the person charged to defend himself or even to know who his accuser might be. Further, he must prove his innocence in order to get his confiscated firearms returned to him. He is “guilty until he proves himself innocent.”

All in violation of the Fourth Amendment, which 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.”

Jonas Oransky, deputy director of Michael Bloomberg’s Everytown for Gun Safety, was delighted, calling the adoption of such laws a “new frontier” in the long war against private gun ownership in America:

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The Minority Report is Now a Reality

This article was published by The McAlvany Intelligence Advisor on Monday, March 12, 2018: 

Cover of "Minority Report [Blu-ray]"

Cover of Minority Report DVD

Movie buffs will remember the 2002 science fiction film Minority Report based on a short story written by Philip Dick. Set in 2054 in Washington, D.C., a division of the local police department called PreCrime would arrest individuals based on crimes that they were going to commit. The precriminals were targeted by three psychics called “precogs.”

That “PreCrime” unit is now called the Crisis Response Squad, is part of the Seattle Police Department, and is now arresting precriminals based on testimonies from family members, friends, former wives or husbands, and even former roommates. This isn’t 2054, but 2018.

Here’s this from Seattle.gov, dated March 2, 2018:

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Florida Republican Legislators Turn Backs on Second, Fourth Amendments

This article was published by The McAlvany Intelligence Advisor on Friday, March 9, 2018: 

Official photo of Florida Governor Rick Scott

Florida Governor Rick Scott

In 1970, Florida’s legislature officially adopted “The Sunshine State” as the state’s nickname. It was designed for the tourists: beaches, warm weather in the winter, and so forth.

About the same time, a 4’10” grandmother teamed up with the National Rifle Association (NRA) and, over time, successfully added another nickname to the state: “The Gunshine State.” When the Gun Control Act was passed in 1968, Marion Hammer decided to do what she could to overturn it. She started in Florida. She was the first female president of the NRA, and the rest, as they say, is history. In 1987, she almost single-handedly persuaded the state’s legislature to pass the first concealed carry law in the nation. In 2005, she was inducted into Florida’s Women’s Hall of Fame.

That was then. This is now.

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Utah Nurse Waives Lawsuit, Settles for $500,000 in Patient Privacy Case

This article appeared online at TheNewAmerican.com on Wednesday, November 1, 2017:

Alex Wubbels, the Utah nurse who was violently arrested after trying to protect her patient’s Fourth Amendment rights last July, received a $500,000 settlement on Tuesday from Salt Lake City and the University of Utah which owns and operates the hospital. She waived any plans to sue, saying: “We all deserve to know the truth and the truth comes when you see the actual raw footage [from the officer’s body camera] and that’s what happened in my case. No matter how truthful I was in telling my story, it was nothing compared to what people [actually] saw and the visceral reaction people experienced when watching the footage of the experience that I went through.”

She is donating part of the settlement to

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Two Fourth Amendment Cases Prove the Constitution Still Works

English: The Bill of Rights, the first ten ame...

This article appeared online at TheNewAmerican.com on Friday, September 8, 2017:  

A nurse in Utah and a couple in Texas stood up for their rights as guaranteed to them in the Bill of Rights. The Utah nurse hasn’t filed suit, but the Texas couple did, and in both cases law-enforcement officials have been exposed and shamed for their illegal conduct. Both cases were aided with the help of videos taken of the incidents.

The first has caught national attention and has stirred national outrage. On July 26 Alex Wubbels was on duty as head nurse of the University of Utah Hospital’s burn unit when a truck driver was wheeled in suffering from severe burns. He had been hit by a driver fleeing police and was comatose when he arrived in the ER.

Salt Lake City police detective Jeff Payne arrived at the hospital with instructions to obtain a blood sample from the comatose driver to test for elicit substances and ran into nurse Wubbels who knew the hospital’s rules: There would be no blood drawn unless

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Trump’s Pardon of Sheriff Joe Arpaio Sends a Strong Message

This article appeared online at TheNewAmerican.com on Saturday, August 26, 2017:

speaking in Phoenix, Arizona on February 26, 2011.

President Trump pardoned former Maricopa County (Arizona) sheriff Joe Arpaio (shown), the White House announced Friday evening: “Throughout his time as Sheriff, Arpaio continued his life’s work of protecting the public from the scourges of crime and illegal immigration,″ the statement said. “Sheriff Joe Arpaio is now eighty-five years old, and after more than fifty years of admirable service to our Nation, he is worthy candidate for a Presidential pardon.”

For his part, the veteran sheriff was grateful but called his conviction the result of unceasing efforts by the Obama administration to silence him. In one tweet, Arpaio said:

Thank you @realdonaldtrump for seeing my conviction for what it is: a political witch hunt by holdovers in the Obama justice department!

And in another:

I am humbled and incredibly grateful to President Trump. I look fwd to putting this chapter behind me and helping to #MAGA

Arizona Senator John McCain was ambivalent about the presidential pardon:

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Pew Research: Americans Getting More Comfortable With Firearm Ownership

This article appeared online at TheNewAmerican.com on Friday, June 23, 2017:  

Pew Research Center’s latest in-depth report on what it calls “America’s Complex Relationship with Guns” is revelatory. According to the report, released on Thursday, Americans are becoming more and more comfortable with guns and gun ownership, and less and less enchanted with more gun laws to fight perceived gun violence.

When 3,390 U.S adults were polled in March and April, they were asked whether it was more important to protect gun rights or to control gun ownership. In the year 2000, two-thirds of those polled then favored more gun control. Today, that has dropped to less than half,

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Joliet, Illinois is About to Write a Very Large Check to Elijah Manuel

This article was published by The McAlvany Intelligence Advisor on Friday, March 31, 2017:

Interstate 80 bridge over the Des Plaines Rive...

Interstate 80 bridge over the Des Plaines River near Joliet, Illinois.

Joliet is a pleasant township of about 150,000 souls located on the Des Plaines River 40 miles southwest of Chicago. It describes itself as going through “a modern day renaissance” after having a near-death financial experience. Then-Mayor Tom Giarrante said three years ago this month:

I am proud to once again report that the State of the City continues to be … stable. As mayor, I will continue to work hard to keep Joliet financially sound by controlling our spending. It won’t be easy, and it won’t always be popular, but I will work to keep our checkbook balanced and we will not balance it by raising property taxes.

Three years earlier, the town had a $17 million deficit. It’s about to have another similar experience.

The Supreme Court last week paved the way. In Manuel v. City of Joliet, the court ruled unanimously that Elijah Manuel was free to bring a claim against the city based on Fourth Amendment violations conducted by Joliet police officers back in 2011. The opinion, written by Supreme Court Justice Elena Kagan, gave Manuel the go-ahead:

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Supreme Court Unanimously Upholds Fourth Amendment in Illinois case

This article appeared online at TheNewAmerican.com on Thursday, March 30, 2017:

English: Elena Kagan, Associate Justice of the...

Elena Kagan, Associate Justice of the Supreme Court of the United States

The city of Joliet, Illinois, is about to find out just how costly its miscarriage of justice can be, now that the U.S. Supreme Court ruled unanimously last week that it cannot incarcerate an individual while he is awaiting trial, absent probable cause. Supreme Court Justice Elena Kagan was succinct in delivering the court’s opinion:

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Not All Travel Bans Apply to Foreigners

This article was published by The McAlvany Intelligence Advisor on Wednesday, February 8, 2017:

The federal government published the final rules on Monday on just how the Department of Transportation, the Department of State and the Internal Revenue Service, working together, can disrupt one’s plans to travel abroad:

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Court Rules That Those Carrying Concealed Are Presumed to Be Dangerous

This article appeared online at TheNewAmerican.com on Monday, January 30, 2017:

Holster

The U.S. Court of Appeals for the Fourth Circuit (Maryland, North Carolina, South Carolina, Virginia, and West Virginia) ruled last week that an individual carrying concealed gives up essential Fourth Amendment rights under the presumption that since he is armed, he is also dangerous.

The ruling issued on Monday, January 23, United States v. Robinson, reversed an earlier decision by the court’s three-judge panel, claiming that the Supreme Court, in two relevant decisions, concluded that “armed and dangerous” meant “armed and therefore dangerous” rather than “armed” as a fact and “dangerous” based on reasonable judgments surrounding the case.

A tip received by Ransom, West Virginia, police on March 24, 2014 that a man was seen

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Social Security uses “Nuremberg Defense” to Explain Why it Wants to Add Beneficiaries to the NICS

This article was published by The McAlvany Intelligence Advisor on Monday, December 26, 2016:  

The defendants at Nuremberg Trials

The defendants at Nuremberg Trials

The Nuremberg Defense was developed following the Second World War in an attempt to reduce the sentences of those convicted of heinous crimes ordered by their superiors. The Social Security Administration (SSA) used a variation to deflect criticism over its “final” rules regarding adding names of certain beneficiaries to the NICS – the National Instant Criminal Background Check System:

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Many of the articles on Light from the Right first appeared on either The New American or the McAlvany Intelligence Advisor.
Copyright © 2018 Bob Adelmann