Where it began – Pt2
TimeWatch Editorial
July 11, 2016
In our last editorial entitled “Where it began,” we looked at the impact that the Supreme Court decision Terry v. Ohio, decided in 1968 has had upon the violation of the Fourth Amendment. Cornell University Law School in their quoting of the Fourth Amendment states the following:
The Fourth Amendment of the U.S. Constitution provides, "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 ." Cornell University Law School
Cornell University Law School continues to explain that the ultimate goal of this provision is to protect people’s right to privacy and freedom from arbitrary governmental intrusions. As was stated in the previous Editorial, the Supreme Court modified that understanding in the Terry v. Ohio decision by ruling that if and when a police officer observes unusual conduct by someone the officer reasonably believes to be dangerous and engaged in criminal activity, the officer “is entitled to conduct a limited search “to discover weapons that might be used against the officer.” This quickly became known as the stop-and-frisk rule. The authorities continued to push the boundaries as best they could, given this dilution of the Fourth Amendment, but the final assault came in response to the tragic event of September 11, 2001. On October 24 2001, a piece of legislation was received by the Senate. The legislation was named: ‘‘Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism.” The abbreviation of that name was The USA PATRIOT ACT. Three hundred and forty two pages long it has been frequently reported that few if any of the legislators had an opportunity to actually read and study the document. The atmosphere was so tense and uncertain that it seemed reasonable to urgently put in place the sort of legislation that could be used to prevent another horrific event.
One of the most aggressive pieces of the legislation dealt with something described as warrantless searches. Note the following:
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1ST SESSION H. R. 3162 IN THE SENATE OF THE UNITED STATES OCTOBER 24, 2001 Received SECTION 213: AUTHORITY FOR DELAYING NOTICE OF THE EXECUTION OF A WARRANT DELAY.—With respect to the issuance of any warrant or court order under this section, or any other rule of law, to search for and seize any property or material that constitutes evidence of a criminal offense in violation of the laws of the United States, any notice required, or that may be required, to be given may be delayed if—‘‘(1) the court finds reasonable cause to believe that providing immediate notification of the execution of the warrant may have an adverse result. |
In other words, since an issued warrant would inform the suspect that he is under investigation, then such warrants can be withheld, while a warrantless search is carried out. Ironically, even though the apparent intent of the PATRIOT ACT was to further protect the nation, this obvious shift in adherence to the fundamentals of the Constitution, has weakened the original intent of the formation of this Nation. In the book, “The Great Controversy” written by Ellen G. White, on page 441, the following statement can be found.
“The Christian exiles who first fled to America, sought an asylum from royal oppression and priestly intolerance, and they determined to establish a government upon the broad foundation of civil and religious liberty. The Declaration of Independence sets forth the great truth that “all men are created equal,” and endowed with the inalienable right to “life, liberty, and the pursuit of happiness.” And the Constitution guarantees to the people the right of self-government, providing that representatives elected by the popular vote shall enact and administer the laws. Freedom of religious faith was also granted, every man being permitted to worship God according to the dictates of his conscience. Republicanism and Protestantism became the fundamental principles of the nation. These principles are the secret of its power and prosperity. The oppressed and down-trodden throughout Christendom have turned to this land with interest and hope. Millions have sought its shores, and the United States has risen to a place among the most powerful nations of the earth.” Great Controversy, page 441, paragraph 1.
Today voices of intolerance have begun to sound. Liberty and privacy are distant memories. The principles that were the secret of the nation’s power and prosperity are swiftly being replaced. The prophesied repudiation of the entire constitution is just over the horizon.
Cameron A. Bowen
