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Thursday, August 26, 2010

Our Government's New Rights To: Willfully Trespass, Vandalize Property, And Track It's Owners

For decades, Americans have had to withstand a veritable onslaught of Governmental Intrusions into their personal privacy and a steady reduction in their overall God-given Freedoms and Constitutional Rights. It appears that our expensively educated "Government Of The Lawyers, By The Lawyers, And For The Lawyers" understands neither its: Letter, Spirit, nor Intent - when it comes to expressly Constitutional Issues! Meanwhile - in their latest leap of moral, ethical, and legal depravity - they have decided that: Intentionally Trespassing, Planting Transmission Devices Upon Your Personal Property, and Secretly Tracking Your Movements are perfectly acceptable societal behaviors.

More importantly, however, a certain number of Federal Justices clearly agree with them! Although the initial ruling was made - back in January - by a mere three judge panel of the highly "Leftist" Ninth Circuit, a much larger panel has since staunchly upheld it. The logic upon which they have done so is that the outside of one's residence is open to: neighborhood children, delivery personnel, and occasional visitors - therefore cannot be considered truly private property [with legal respect] toward the uninformed owner... logically, they state: "had they truly intended this property to remain private, then they would have established a fence or even locked their property securely inside the house or garage." The fact that this argument is based upon pure conjecture and patently false assumptions didn't seem to bother them in the least.

For instance, most of us - acting under "The Good Neighbor Policy" - would allow our own neighbors to trespass in order to recover their own personal property... for instance a: Lost Frisbee, Runaway Pet, or Errant Football. We would not allow them to: Loiter Around In It, Peep In Our Windows, Steal, Vandalize, Mess With, or Otherwise Alter Our Personal Property... nor, would "A Good Intentioned Neighbor" even think to [factually] do so! For most of us, it is our reasonable expectation of our own neighbor's purer intentions, that precludes "A More Absolutist Position" with respect to our totally exclusive property rights. In the absence of this reasonable expectation, we must invariably remain alienated from our own next door neighbors.

Nor, can the absence of a fence - around our own property - be viewed as an indication of any desire toward "ill-intentioned breaches" of our personal property, or individual privacy. Rather, it merely stands as what it is, either: a reasonable expectation of societal respect for our own personal boundaries, or even a lack of financial resources to acquire the necessary building materials. But not an invite toward individual and personal maliciousness. Such blatantly disrespectful assumptions - on the part of our government - are totally unjustified in large measure. Can we then assume that any unlocked door is an invitation to enter other people's domiciles? Or, that keys left in a car or motorcycle are the owners express permission to borrow it? Or even, that we may now equally alter police equipment - such as squad cars parked at the station - without criminal prosecution? Most of them aren't [honestly] surrounded by fences, now are they?

If someone's intentions aren't of a positive societal nature, how many of us would willfully desire them anywhere near: ourselves, our homes, or our property? Such assumptions cannot logically be made. Whether someone is attaching a: listening device, video camera, tracking device, incendiary device, or [even] bomb to my car - I damn well want to know it; and the assumption that, most other people wouldn't is undoubtedly preposterous! I [personally] don't give one damn hoot, what you think you know about someone... we are "A Nation Of Constitutional Laws" and you better not forget it. Our ancestors believed, that: "What is good for the goose is good for the gander." When you can mess with my property under such blatantly illegal laws, I can [and will] do the very same to yours!

What is so damn hard about lawfully going to a judge and asking his permission for: searches, seizures, wiretaps, and even tracking devices? Does it make your job unbearably: difficult,  time consuming, and/or overly monotonous? Have you ever stopped to consider how much more so these intrusions are upon the innocent individuals - who are attempting to go about their daily lives - with all of your [literally] "Unwarranted" and [frequently] unfounded Intrusions? Who are the parties being victimized, here... the Policemen and Policewomen running off half-cocked into battle... or, the individuals and families who are being: wrongly inconvenienced, frequently impugned in the eyes of their neighbors, often suffering property damage, and always losing their right to personal privacy?

The reason that we have these constitutionally established rules of "Due Process" is to ensure that innocent individuals aren't being constantly bothered or harassed for: frivolous reasons, political purposes, or unfounded allegations. They apply to all instances of personal intrusion, or disruption, and every conceivable [or potential] criminal allegation. The Constitution doesn't accord any exceptions at all [allegations of drug related activity, sex crimes, and ongoing child abuse included]. Nor, should there be any exceptions - dependent upon the purportedly alleged crime either! But that, is an entirely different issue. Perhaps, I'll cover it later....

1 comment:

  1. I agree with you and would like to add to your very good article on this issue. You can read more reasoning of the court here: http://www.patc.com/enewsletter/legal-answers/4-oct08.shtml

    The court has ruled that police can go onto any part of a person's property that is visible from the street if they are not physically blocked from doing so. And they can place devices, such as a GPS, on that property or hide it within anything sitting upon that property. I don't know if it also includes audio and video recorders as well but you can probably assume that is the case. I'm pretty sure this was a federal ruling and that individual states can be more restrictive in their laws on the issue. Also, if you think that you, as a private citizen, can legally do the same I'd say you are sadly mistaken.

    Let's face it, law enforcement does not care about rights to privacy because they do not want the law to get in the way of arresting suspects. What they would really like is for everything to be illegal. That way they can decide who to arrest based on criteria they have made up rather than that of the law.


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