Probing the Limits: The 4th Amendment.
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4th. Amend: 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!
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This project is a work in progress. We will post incidents as we receive them! There is no time limit on the project.
Please forward comments, additions or suggestions to eAdvocate
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At what point do provisions of registration laws violate the 4th Amendment?
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1-3-2006 National:
U.S. Constitution: Amendment IV (and State Equivalents) |
.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.
..more..
: From Findlaw.com
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.Registration laws are evolving to a point that they are encroaching into lives of those registered and their family, more and more as each day passes.
Accordingly, we are starting a focused probe into how various constitutional provisions are violated (by an existing law) or might be violated (by a proposed law); registration laws or laws that flow from them. ex: residency laws flow from registration laws, or from a prior sex conviction.
We thought the 4th Amendment might be a good place to start. I have always likened this Amendment to a bubble around a person preventing the government from coming any closer without probable cause.
So, in the context of our probe, are their provisions of registration laws that permit authorities, in some way, to penetrate the bubble without that registrant's prior knowledge and approval?
Describe the scenario (the set of circumstances) that takes place (under a current law), or that would likely take place (for a newly proposed law), to show how the 4th is likely violated without the registrant's prior knowledge and approval.
Obviously, if the registrant is committing, or has committed, some crime that allows authorities entry, such a scenario would be excluded from our discussion. i.e., if a registrant is holding a hostage inside the registrant's home and a SWAT team is waiting to get in, they are going to bust in at first opportunity and such would be legal and excluded from our probe.
Unfortunately if a RSO is on parole, probation or supervised release the authorities are permitted access to the bubble to some extent by virtue of that supervision. These folks MAY still have issues. However, we would have to analyze each scenario to see if a violation exists, but that is what this probe is for.
So, we are asking readers to begin thinking about the 4th amendment (underlined portion) and any provision of a registration law, state or federal, which forces the RSO to do something that would then allow authorities to bypass probable cause requirements, and allows authorities access to the RSO's person, house, papers, or effects.
Lets see what readers come up with, and we will post any actual, or possible (for proposed laws) violations on a new page dedicated to this probe. We will not post who said what, the state, or cite specific facts that would reveal the reader's name, to preserve anonymity. Hopefully we can provoke lawyers with new ways to attack registration laws.
So, e-mail me with your comments, and thanks for participating.
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UPDATE: Readers have submitted three excellent examples (two are ready) CLICK! |
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Copyright ©2003-2006 L. Arthur M.Parrish. All rights reserved.
"There are a thousand hacking at the branches of evil to one striking at the root." - Henry David Thoreau -
"I know in my heart that man is good. That what is right will always eventually triumph. And there's purpose and worth to each and every life." RR
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