THE FOURTH, FIFTH, AND SIXTH AMENDMENTS!
"We must realize that today's Establishment is the new George III. We do not know whether it will continue in its tactics, but if it does, the redress, time honored in tradition, is also revolution." - Justice William O. Douglas, 1971, Supreme Court Justice of the United States of America.
"While this court has not attempted to define with exactness the liberty thus guaranteed, [life, liberty, and pursuit of happiness] the term has received much consideration and some of the included things have been definitely stated without doubt, it denotes not merely freedom from bodily restraint but also the right of the individual to contract, to engage in any of the common occupations of life, to acquire useful knowledge, to marry, to establish a home and bring up children, to worship God according to the dictates of his own conscience, and generally to enjoy those privileges long recognized at common law as essential to the orderly pursuit of happiness by freemen... the established doctrine is that this liberty may not be interfered with, under the guise of protecting the public interest, by legislative action which is arbitrary or without reasonable relation to some purpose within the competence of the State to effect." Meyer v. Nebraska, 262 US 390, 399 400
This chapter will concentrate on where your rights are enumerated. They don’t come from man or government – period. According to the United States Constitution, our rights come from some “other” sources than man or government. To plainly say the Founders were "Christians" may be a bit misleading. But, some of them were, while others were deitists, or believed in one spiritual being which had very little to do with governing their lives here on earth, as it relates to government.
However, it is important to note that all of the Founding Fathers followed Christian doctrine for rules on how to conduct one’s self, because it was so intertwined with American Society. Benjamin Franklin explained that although he was unsure of whether God exists or not, he felt it was better to believe in Christianity and the Christian God than not to, because the Christian teachings prevented moral anarchy. Thus, our nation was founded on Christian principles because the Founding Generation recognized the value in them to create a moral, virtuous society.
Our Bill of Rights was created to remind government of the rights we the people held most dearly. It was never intended to be a limitation of our rights. In fact, the only limitations in our founding documents were intended to be against the government, not the people. So it is important that we understand just where all the rights we have been discussing come from and look in on those amendments occasionally to remind ourselves where we came from and who we are.
I have broken down the fourth, fifth and sixth amendments of the Bill of Rights in order to explain the absolute source of their unimpeachable precepts and to inform you of the pecking order of the law, because there are a lot of laws out there and they can be fairly confounding. But consider this:
According to the Supreme Court of the United States, it ruled that it is the highest Court in the land. The Supreme Court has also ruled that the United States Constitution is the Supreme Law of the Land. These facts are indisputably incontrovertible. All laws must meet muster with the United States Constitution. Any laws repugnant to the Federal Constitution are void.
I. Breakdown of the Fourth (IV) Amendment.
A. 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.”
1. We, the people, have the right to be secure in our persons, houses, papers, and effects and free from unreasonable searches and seizures.
Notice this Amendment does not say that we have the right to be free from all searches or seizes. Our rights only pertain to unreasonable searches and seizures. The reasonableness of the search or seizure is always an animating contest and controversy between the citizenry and Government in courts all over this country. It is also a basis of whether or not the government can prosecute the people.
2. These rights shall not be violated and Warrants shall only issue against the people based upon probable cause and supported by an Oath or affirmation.
Government must make and Oath or affirmation when seeking warrants against the people and must give sworn testimony to a magistrate or judge. Only upon a finding by the judge or magistrate that probable cause exists, shall a Warrant issue.
3. A Warrant based upon the foregoing must also particularly describe the place to be searched, and the person(s) or thing(s) to be seized.
This requirement prevents government from issuing blanket, vague or ambiguous Warrants. The probable cause affidavit cannot merely identify a general location, person or thing to be searched or seized. It must particularly describe it with specificity.
The Liberty mentioned in the Fourth amendment means, not only the right of the citizen to be free from the mere physical restraint of his person, as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the enjoyment of all his faculties; to be free to use them in all lawful ways; to live and work where he will; to earn his livelihood by any lawful calling, to pursue any livelihood or a vocation; and for that purpose to enter in all contracts which may be proper, necessary, and essential to his carrying out to a successful conclusion the purposes mentioned above. See, Allgeyer vs State of Louisiana, 165 U.S. 578 (United States Supreme Court)
In conclusion, remember that the 4th Amendment restricts government from; (1) searching or seizing (arresting) us without a warrant (except for certain specific exceptions not addressed here); (2) before searching our homes, automobiles, pocket books, backpacks, brief cases, and the like, the Police must first obtain a search warrant from a Magistrate; (3) the search warrant which is obtained by the Police from a Magistrate or Judge, must be based upon written “probable cause” and must set forth in writing the “thing” they are looking for and the “place” they believe that “thing” is located; and (4) the written “probable cause affidavit” necessary to obtain the search warrant must be signed under “Oath or affirmation” by the Officer petitioning for its use. This process makes the Officer personally responsible, both civilly and criminally.
After understanding all of the work involved in obtaining a search warrant, it is easy to understand why Police are constantly attempting to forgo all of the necessary time consuming steps in order to obtain one. I think you can also understand why the Police are so busy about getting your permission to search, whether they get your permission by hook or by crook. Don’t forget… the Police consistently practice their trade and hone their skills to be used against an unsuspecting public.
Also keep in mind, that the many types of searches we are confronted with today are not searches which are protected by the 4th Amendment. The airports, for example, are private places which can make certain rules as a condition for your use and access to them. An example where a search warrant would not be required would be, if you are invited to my private residence and you refuse to undergo an extensive body search, then you may not receive my license to enter my home. Conversely however, you can simple tell me to “go fly a kite” and go over to someone else’s home. The same applies to the airlines as well. But, when dealing with your government, the 4th Amendment always applies.
II. Breakdown of the Fifth (V) Amendment.
A. Amendment V
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall he be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
1. We have the constitutional right to be charged by a “presentment or indictment” of a “Grand Jury” when answering to a “capital” or otherwise “infamous” crimes.
Notice the word “Information” is not included in this amendment. Most every State in the Union use charging documents called, “Informations” to prosecute its citizenry. This bypasses the constitutional requirement to get a Grand Jury involved and charge you by “presentment or indictment”.
Under the Constitution it works like this; (1) you get charged with a crime by a Police Officer; (2) that Police Officer goes to the Prosecutor’s Office with the “sworn” criminal allegations against you; (3) the Prosecutor goes before a Grand Jury (your piers) and presents that criminal case against you; (4) the Grand Jury calls you before them and questions you about your alleged criminal actions; (5) then the Grand Jury decides whether or not they will let the State prosecute you. If the Grand Jury decides that you cannot be prosecuted, for whatever reason, you are then free to go and the State can go pound salt. Pretty cool system, huh? Too bad they continuously bypass it with the use of “Informations”.
Under the use of “Informations” it works like this; (1) you get charged with a crime by a Police Officer; (2) that Police Officer goes to the Prosecutor’s Office with the “sworn” criminal allegations against you; (3) the State Prosecutor decides whether to charge you with that crime; (4) the State Prosecutor tries and convicts you; (5) you go to prison while the tax payer foots the bill; (6) The State Prosecutor brings the Grand Jury Members coffee and doughnuts; (7) Many of the Grand Jury Members get hooked on coffee and doughnuts and later become Police Officers.
A Capital Crime is a crime punishable by death or life imprisonment. A crime punishable by imprisonment in the state prison or penitentiary, with or without hard labor, is an infamous crime, within the provision of the fifth amendment of the constitution that “no person shall beheld to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury”. See, Mackin v. U.S., 117 U.S. 4.
Imprisonment is the detention of a person contrary to his will and is the act of putting a person in prison. It is the restraint of a person’s personal liberty; coercion exercised upon a person to prevent the free exercise of his powers of locomotion. It is not a necessary part of the definition that the confinement should be in a place usually appropriated to that purpose. In other words, to be imprisoned you don’t have to be put in a jail. If you are detained, you are imprisoned.
2. A Defendant cannot be subjected for the same offense more than once. He shall not be placed in jeopardy of his life or his liberty more than once.
A Defendant cannot be charged twice for the same offense, once he has been acquitted. An Offense is a felony or misdemeanor; a breach of the criminal laws; violation of law for which penalty is prescribed. The word “offense,” while sometimes used in various senses, generally implies a felony or misdemeanor infringing public rights, as distinguished from mere private rights, and punishable under the criminal laws, though it may also include the violation of a criminal statute for which the remedy is merely a civil suit to recover the penalty.
In conclusion, remember that the 5th Amendment restricts the government from; (1) making you answer to criminal charges in a court of law, unless those charges are based upon a charging document called a “Presentment or Indictment” signed by a Grand Jury (with certain exceptions not addressed here); (2) once you have been acquitted (found innocent) of a crime you may never be charged for that same crime twice (OJ Simpson for example); (3) you cannot be forced to be a witness against yourself in a criminal case; (4) your property (real or personal) cannot be taken from you without “due process of law” (that means by taking it from you through a court of competent jurisdiction); and (5) nor can the State take your home from you and build a highway across it, without first paying you “just compensation”.
It is important to understand that the government gets around many of the requirements in the 5th Amendment, including the absolute constitutional rights of the citizenry, through voluntary consent and our constitutional right to contract away our rights, turning them into privileges.
III. Breakdown of the Sixth (VI) Amendment.
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.”
1. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial.
This means that all of your hearings, and the trial itself, shall be open to the public in a public place. No secret “Star Chamber” hearings like the ones called for in the “Patriot Act”. You have the right to a speedy trial. The Statutes and Rules have dictated what time shall be considered speedy. The government cannot charge you with a crime and then leave it hanging over your head for a long period of time.
2. Your trial must be by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law.
This section relates to your right to a trial by an impartial jury of your peers and your right to be tried within the State and district where you have been charged with a crime. So, the government cannot charge you with a crime in one place and then take you far away to another for your trial. You must also be permitted to have a jury of your peers.
The district where you have been charged with a crime needs to have been “previously ascertained by law”. For example, in the Florida Constitution it connotes the several district courts.
3. You have the right to be informed of the nature and cause of the accusations against you.
This section compels the court and or the state to inform you of the nature and cause of the accusation you’re charged with. That means that the government must inform you, among other things, of the type of crime you are facing; the possibility and length of incarceration, if any; and the loss, damage or injury you compelled upon another.
4. The right to be confronted with the witnesses against you.
You have the right to make your accusers face you with their accusations, and you have the right to face them in a public court of law. This also means that you have the right to examine (direct and cross) witnesses in open court. In other words, you get to confront witnesses against you with questions relating to their accusations against you and also as to their motive and character. This is to be done in front of your peers, in the form of a jury.
5. You have the right to “compulsory process” for obtaining witnesses in your favor.
You have the right to subpoena any person with information in your favor, even if that witness does not want to be a witness. Your subpoena power is backed by the court. Any person who willfully fails to appear as directed by a subpoena can be held in contempt of court. This can include fines and/or incarceration. The subpoena process is free of charge to you.
6. And, you have the right to have the Assistance of Counsel for your defence.... (The use of the “c” in defence is the British version which is used in the U.S. Constitution)
You have the right to Assistance of Counsel for your defense. This is a major issue with the statutory courts. They want you to use their choice of counsel. Personally, I will not use any member of any bar association as my assistance of counsel, for numerous and various reasons not discussed here.
In conclusion, remember that the 6th Amendment restricts the government from; (1) not giving you a speedy trial; (2) restricts government from making your trial secret and outside the public view; (3) gives you the right to have a jury if they are going to try to put you in jail; that jury must be impartial and not biased or prejudiced against you; (4) that jury must be from the same district and state where you were charged with the crime; (5) the district you are being tried in must have been previously ascertained by law; (6) you have the right to be informed of the “nature and cause” of the charges against you (not just a parroting of the statute itself); (7) you have the right to be faced by your accuser; (8) you have the right to compel witnesses to come to court and testify on your behalf, even if they don’t want to come to court; and (9) you have the right to have your choice of assistance of counsel for your defense.
People are busy now days looking for “Mr. Good Politician”, when in reality they need look no farther than the end of their noses. I have seen a lot of injustice in my time, both in this country and abroad. As a matter of fact, if truth be known, I’ve helped further its poisonous doctrine upon occasion. Something I am not proud of, but every cloud has its silver lining. My experiences on both sides of the fence have given me a unique understanding and passion for liberty, both for how rare, fragile and precious it can be, and on the other hand, how it can bring tyrannical regimes to their knees. When it comes to an attack on liberty, of one thing you can be certain, your neighbor isn’t going to go first, he’s gonna wait for your lead.
I leave you with two intertwined thoughts from two of my favorite American Patriots, Mark Twain and Sam Adams:
“In the beginning of a change, the Patriot is a scarce man, Brave, Hated, and Scorned. When his cause succeeds however, the timid join him, for then it costs nothing to be a Patriot.” Mark Twain
“If ye love wealth greater than liberty, the tranquility of servitude greater than the animating contest for freedom, go home from us in peace. We seek not your counsel, nor your arms. Crouch down and lick the hand that feeds you; and may posterity forget that ye were our countrymen.” Sam Adams
And don’t forget… if you're not having fun bumping heads with the Police State, you're doing something wrong. Good Hunting!
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On the lighter side, I will share my favorite Police joke with you. Some of you may have heard it before, but for those of you who have not, it’s worth repeating.
A Police Officer walks into a country and western pub, bellies up to the bar, takes off his cowboy hat and orders an ice cold beer. The bartender immediately notices that there is a “Toad” attached to, and growing out of the top of the Police Officer’s head. Astounded, the bartender cried, “My God man, what the hell is that?” (Gesturing to the “Toad” growing out of the top of the Officer’s head) But, before the Police Officer could reply to the bartender, the “Toad” remarked, “I don’t know, but it started out as a little wart on my Ass!”
Terry Ingram is a decorated veteran Hollywood Police Officer with twelve years’ experience in Robbery/Homicide, Vice, Intelligence and Narcotics, and Uniformed Patrol. As a decorated combat Vietnam Veteran, having served his country honorably for six years, Terry founded “Law In Simple Terms” circa 1990, an organization which teaches the art of “Pro Per litigation”. Terry developed an easy to comprehend course for laypersons which teaches the proper application of civil rights in the face of government confrontation, as well as how to negotiate the legal system without the aid or assistance of an attorney, and much more.
One of the purposes of Terry’s classes is to educate government, and particularly the Law Enforcement community, on the true nature of its relationship with the American people. This is accomplished through acquired knowledge and self-representation in law suits, both civil and criminal. The government and Law Enforcement as well, use a plethora of rules, regulations and statutes to keep the citizenry in their place. For more than 20 years, Terry has simply and successfully been teaching the converse.
Terry is not an attorney, nor has he been disadvantaged, aligned, or encumbered by membership into any bar association. He has never represented anyone and instead teaches the layperson how to represent himself. Terry has a very unique understanding of jurisprudence, having had more than forty (40) years’ experience dealing with government, from both sides of the fence.
Many of Terry’s students have rediscovered the feeling of empowerment that “just one person can make a difference” by learning exactly what their constitutional rights are and that government solely exists to protect those rights.
Words that still ring true today
One night, probably in 1880, John Swinton, then a preeminent New York journalist and later to become the Editor of the New York Times, was the guest of honor at a banquet given him by the leaders of his craft. Someone who knew neither the press nor Swinton offered a toast to the independent press. Swinton outraged his colleagues by replying:
"There is no such thing, at this date of the world's history, in America, as an independent press. You know it and I know it.”
"There is not one of you who dare to write your honest opinions, and if you did, you know beforehand that it would never appear in print. I am paid weekly for keeping my honest opinion out of the paper I am connected with. Others of you are paid similar salaries for similar things, and any of you who would be so foolish as to write honest opinions would be out on the streets looking for another job. If I allowed my honest opinions to appear in one issue of my paper, before twenty-four hours my occupation would be gone.”
"The business of the journalist is to destroy the truth, to lie outright, to pervert, to vilify, to fawn at the feet of mammon, and to sell his country and his race for his daily bread. You know it and I know it, and what folly is this toasting an independent press?”
"We are the tools and vassals of rich men behind the scenes. We are the jumping jacks, they pull the strings and we dance. Our talents, our possibilities and our lives are all the property of other men. We are intellectual prostitutes."
(Source: Labor's Untold Story, by Richard O. Boyer and Herbert M. Morais, published by United Electrical, Radio & Machine Workers of America, NY, 1955/1979.)
Not much has changed…
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