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PERRIN LOVETT

~ Deo Vindice

PERRIN LOVETT

Tag Archives: police state

More on the Former Fourth Amendment in America

06 Wednesday Sep 2017

Posted by perrinlovett in Legal/Political Columns

≈ 1 Comment

Tags

America, Constitution, Fourth Amendment, government, law, police state, searches, tyranny

The esteemed John Whitehead correctly comments on the demise of law and order in Neo-America:

“The Fourth Amendment was designed to stand between us and arbitrary governmental authority. For all practical purposes, that shield has been shattered, leaving our liberty and personal integrity subject to the whim of every cop on the beat, trooper on the highway and jail official.”—Herman Schwartz, The Nation

Our freedoms—especially the Fourth Amendment—are being choked out by a prevailing view among government bureaucrats that they have the right to search, seize, strip, scan, shoot, spy on, probe, pat down, taser, and arrest any individual at any time and for the slightest provocation.

Forced cavity searches, forced colonoscopies, forced blood draws, forced breath-alcohol tests, forced DNA extractions, forced eye scans, forced inclusion in biometric databases: these are just a few ways in which Americans are being forced to accept that we have no control over our bodies, our lives and our property, especially when it comes to interactions with the government.

Worse, on a daily basis, Americans are being made to relinquish the most intimate details of who we are—our biological makeup, our genetic blueprints, and our biometrics (facial characteristics and structure, fingerprints, iris scans, etc.)—in order to clear the nearly insurmountable hurdle that increasingly defines life in the United States: we are now guilty until proven innocent.

The new police state, your Constitution be damned (or responsible).

Read John’s examples – from across America. These are things that anyone could expect to encounter in everyday life.

The kids, almost all of them – some 900, at Worth County (government) High School in Sylvester, Worth County, Georgia found out about the tyranny the hard way. One bright day they were ALL summoned into the hallways and strip-searched, many sexually assaulted. This warrantless and baseless intrusion was the work of Sheriff Jeff Hobby whose hobby seems to be violating civil rights.

The illegal search, unannounced to school officials, was loosely based on the unsubstantiated suspicion that three (3) of the 900 students MAY have been involved with narcotics. So, rather than investigate those three, Hobby and his gang of statist enforcers attacked all the children. No drugs or other problems were found.

You see, dear low-IQ, overweight morons of America, these young people did nothing wrong, yet they definitely had something to worry about. Something akin to rape in some cases.

The busybody idiots still fighting the “Civil” War could take up this incident as a cause. Statistically, some third of the students, maybe more, had to be black. However, it must be more important to yank down 140-year-old statutes and assorted road signs. Progress.

Some are fighting back. In a more genteel age, Hobby may have had a date with a local tree and/or some gasoline. Today, he finds himself the first defendant in a 1983 action in federal court, courtesy of the Southern Center for Human Rights. Read the Complaint.

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Serving and protecting the children by molesting them…

Read it and weep. I look for an insurance or bond settlement in that case. But there will be no end, no reversal, in the trend against personal liberty. The state is just getting started. Most seem a-okay with it.

You?

Implied Consent to Violate the Fourth Amendment

29 Thursday Jun 2017

Posted by perrinlovett in Legal/Political Columns

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Tags

Fourth Amendment, law, New York, police state, surveillance, technology

New York and a few other States move to make illegal searches and seizures of your smartphone “legal.” For the children and such…

New York — “Any person who operates a motor vehicle in the state shall be deemed to have given consent to field testing of his or her mobile telephone and/or personal electronic device for the purpose of determining the use thereof while operating a motor vehicle, provided that such testing is conducted by or at the direction of a police officer.”

That’s language from the text of a bill currently working its way through the New York state legislature. The legislation would allow cops to search through drivers’ cell phones following traffic incidents — even minor fender-benders — to determine if the person was using their phone while behind the wheel.

Most states have laws banning the use of mobile devices while driving, though such laws are rarely enforced. This is largely because it’s nearly impossible to catch someone in the act. What person would admit to an officer that they broke the law, the argument goes, particularly when it’s after the fact? After all, cops don’t show up until after the accident occurs.

Now, technology exists that would give police the power to plug drivers’ phones into tablet-like devices — being called “textalyzers” in the media — that tell officers exactly what they were doing on their phone and exactly when they were doing it. And if the readout shows a driver was texting while driving, for instance, the legal system will have an additional way to fine them.

Locking lead boxes, folks.

Fake-Cell-Phone-Tower

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Good Cop, Bad Citizen, Crazed Law

30 Tuesday May 2017

Posted by perrinlovett in Legal/Political Columns

≈ Comments Off on Good Cop, Bad Citizen, Crazed Law

Tags

America, law, police, police state, The People, tyranny

I noticed two things this morning.

One was that WordPress assigned one of my previous Police State articles as a related companion to last night’s terrorism post. Two years ago I was concerned about the militarization of the domestic police in the U.S. Things have gotten only a little worse since then.

Second, was a new, somewhat-related column out there…

Now, as Eric Peters recounts, one Republican lawmaker would have the militarized police nearly immune from any consequences of their illegal activities towards We, the People.

Naturally, the solution to the problem of police abusing their authority is to hold them less accountable when they do exactly that.

Leave it to “law and order” Republicans such as Texas Sen. John Cornyn and Rep. Ted Poe to evolve such logic. They have put forth the Black and Blue – whoops, Back the Blue – act (see here) which would make it harder to sue run-amok law enforcers in civil court to recover damages resulting from actions undeniably illegal – while at the same time imposing more severe penalties on Mundanes who affront the holy person of a law enforcer than those imposed on Mundanes who do exactly the same thing.

Look for this law to pass. Republicrats always want to be seen as “tough.” Trump will go right along to show support for “the brave men and women in uniform.” Democraps really don’t care.

Some federal judge may show a little concern, maybe five years from now; he might undue the extra (double jeopardy) excessive self-defense penalties against victimized citizens. Or he may not. The immunity from civil prosecution will stand. One wonders (if one is so inclined) if this prohibition includes 1983 (federal civil rights) actions – frequently the only recourse in the event of police brutality.

In Old England (and in the Colonies and the early Republic) there was a common law doctrine that a person (and witnesses) had a right and even an obligation to forcibly resist illegal police activity. Ancient history. Today it is virtually impossible to hold a wayward officer accountable. Soon it may be completely impossible.

Most officers I have ever known or encountered are/were decent and honest. That’s good because the bad ones are about to get more than a pass. It will be more like a rubber stamp of approval. Progress and such.

hut-hut-hut-

EP.

Guns and Espionage In The Totalitarian State

07 Wednesday Sep 2016

Posted by perrinlovett in Legal/Political Columns, News and Notes

≈ Comments Off on Guns and Espionage In The Totalitarian State

Tags

America, crime, Edward Snowden, freedom, government, gun control, guns, law, Nazi germany, police state, Second Amendment, The People

Several years ago I began a series on the Second Amendment, small arms in America, and the evils of gun control. It started with my commentary on the Second Amendment itself though I drifted on through history both ancient and recent. It’s no secret this is one of my pet issues; I have several books in various forms of readiness lying about which concern the topic. Two things I hope: 1) I finish this work someday and 2) that you approve with sales aplenty.

In 2013 I slowed down a bit and ceased my history of gun control; I think I had made it into the 19th Century. Today L. Neil Smith has carried on for me a bit, chronicling a few of the abuses of the 20th century. Please read his recent History of Infringement.

adolf-hitler-gun-control

In 1968, possibly leaning on his experience during the War Crimes Tribunals, Dodd wrote to the Library of Congress, asking for a translation of the Nazi gun laws that had, among other things, disarmed Jews in Germany (I have seen a photo of Dodd’s letter). He turned the translation, with surprisingly few changes, into the 1968 Gun Control Act, under which we all still suffer.

Dodd eventually left the Senate under a cloud of corruption (for which transparent partisans at Wikipedia try to blame the firearms industry), as did his son, Christopher Dodd. We still live with the evil and idiotic 1968 Gun Control Act today, an enormous infringement on the right to keep and bear arms—and a disincentive to women who must enter an often hostile Man Country to purchase a weapon—that must be repealed.

Daniel Patrick Moynihan a Kennedy-era Senator and amiable drunk from Oklahoma, by way of New York City, believed he was being particularly clever when, unable to get rid of the small, concealable weapons that were virtually a fetish with him and other liberals in the Senate (leftists and their media symbiotes called them “Saturday Night Specials”, short for an extremely racist expression which was popular at the time) but which have since reduced the violent crime rate in America by double digits), so he began a campaign to ban the ammunition they required.

He would have outlawed .25 ACP, .32 ACP, and .380 Auto; I’m not sure about small revolver cartridges. His proposals were a laboratory specimen for “progressive” ignorance, shortsightedness, and unintended consequences. As far as I know, the laws he desired would have done nothing about .22 Long Rifle, of which Americans shoot two billion rounds a year. This means that new designs would soon have emerged with 20- or 30-round magazine capacities, to make up for losses in stopping power. And who knows, they may yet.

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Thanks, jackass.

That’s right. America’s signature gun control law is based (verbatim in some cases[if translated]) on Nazi laws. Congress stripped away language which banned Jews from owning guns though much of their intent was aimed at eliminating ownership among minorities and the poor. One should never be surprised at how low the criminals of D.C. will sink in their attempts to deprive the people of freedom, possessions, and even life.

The rats of Washington are not nearly as stupid as they might appear on television. They learn from their mistakes, hone in on our weaknesses, and adopt the very best (worst) of what works from history. In warfare, thought control and freedom suppression they have borrowed heavily from the leading tyrants of history. Thus, the incredibly successful and damningly popular modern police state.

Every once in a while someone will stand up against these evil men and expose their actions. Edward Snowden did so in 2o13. He, a hated and highly sought after fugitive from justice [SIC], now lives as a refugee in Russia. Today, too, a story came out on how Snowden initially escaped persecution. This is definitely worth a read:

Once the Aeroflot flight to Moscow had exited Chinese airspace, the Hong Kong government announced Snowden had left the country. The U.S. government was livid. Predictably, Snowden’s departure kicked off a global pursuit and his passport was finally revoked.

However, when Snowden landed in Moscow, he was grounded in the transit zone of the airport because his cancelled passport meant he was prohibited from boarding any further commercial flights.

“I never intended to end up in Russia, much less choose it,” he said. “When my government learned I had departed Hong Kong en route to Latin America, they cancelled my passport trapping me in a Russian airport. Unable to travel and unable to leave, I filed applications for asylum in 21 countries around the world, places like France, and Germany, Austria and Finland. But those countries neither accepted my respective requests nor permitted safe travel onwards.”

Edward Snowden and Sarah Harrison at Sheremetyevo Airport
Edward Snowden attends a news conference at Moscow’s Sheremetyevo Airport with Sarah Harrison, a British Wikileaks staffer, on July 12, 2013. In the end, Snowden and Harrison were marooned at the Sheremetyevo airport for a month before the Russian government granted him temporary asylum, which was recently extended for another three years.

So much for the lies that Snowden was working with Putin to undermine American imperial security. Always blame the Russians.

It’s amazing Snowden was willing to sacrifice as he did for the people. It’s even more amazing that the people haven’t used what they learned (or were presented with) in the slightest. The tons of documents gifted by Snowden amount to a massive indictment of the U.S. government. So far, the grand jury has been asleep. They say silence is acceptance.

Snowden has offered to return to the U.S. in exchange for a fair trial. It speaks volumes about the systemic corrupt of the government that they have steadfastly refused this simple offer. A fair trial in America is an impossibility, especially for one such as Snowden. Acquittals are mere flukes these days and there is a mechanism in place to preclude a “not guilty” verdict in cases like this or , at least, to render one moot.

Snowden’s only chance at returning to “normal” American life rests with the possibility of a Pardon. I hope he gets one eventually. Obama is probably out. I don’t think Snowden plays golf. Hillary would do it if there was $omething in it for her and old Billy. Trump could give us a surprise though he is surrounded by people who benefit from the dishonest narrative that Snowden is a criminal and a traitor.

Russia is an increasingly free nation. Perhaps Mr. Snowden will eventually settle there permanently. The old abuses of the Soviet Union are gone. Gone from Russia, come to America.

Civil Liberties Feel the Sting of the Police State

27 Saturday Aug 2016

Posted by perrinlovett in Legal/Political Columns, News and Notes

≈ Comments Off on Civil Liberties Feel the Sting of the Police State

Tags

ACLU, America, crime, evil, freedom, government, police, police state, stingray, warrant

Nature’s stingray is an animal unassuming and yet not to be trifled with. One killed famed crocodile hunter Steve Irwin. The lesson for surviving around these beautiful fish is to leave them alone.

stingray-ocean-floor.jpg.adapt.945.1

National Geographic.

The police have a device, a surveillance tool, named after the humble stingray. This insidious peace of technological malice mimics cell-phone towers. It tricks your phone into communicating with it. Once a link is established the stingray can listen to and record conversations and search through stored data. All of this is generally accomplished without a warrant.

The ACLU is a mixed bag. On the one had they champion many causes which seem at odds with American societal fabric – or, at least the fabric of the of the former country. However, they also consistently target out of control police state tactics. Thus, they have an active, searchable map of which agencies have these devices and how they are used. Please consult the map to discover whether you might be at risk.

nimbus-image-1472321833204

American Civil Liberties Union.

WE, who value freedom, owe the ACLU for producing this service.

Efforts are afoot to legislate limit on how the Stingray and related machines are used. Most of those will fail. Even if they succeed, the technology will change and cause further problems.

Cellular transmissions are considered “open-air” and can usually be intercepted without a warrant. Technically, anyone with the right equipment could access the subject information. There are really only two ways to beat this terror. One, encrypt calls and information. This is difficult and increasingly illegal. The other way is to limit phone activity and to shield the phone from transmitting or receiving signals when not in use. This is possible but burdensome. There is a third way – don’t have a modern phone – but that is rather self-defeating.

For now, just beware that more and more criminal government agents are able to eavesdrop on you.

**I noticed the ACLU has an Election 2016 page. I looked at it. The first thing that caught my eye was this picture:

nimbus-image-1472322291187

ACLU.

Look at those two faces. This perfectly captures the essence of the Great Quadrennial Black Mass. Ha!

Of course, after the picture, the ACLU takes Hillary over Trump. That’s their right. I just love the sour-puss pictures.

 

 

 

 

Better Not Get Hurt

11 Saturday Jun 2016

Posted by perrinlovett in Legal/Political Columns, News and Notes

≈ 2 Comments

Tags

America, Congress, Constitution, crime, DEA, doctors, DOJ, FDA, Fourth Amendment, freedom, government, law, Ninth Circuit, Obama, ObamaCare, police, police state, The People, tyranny

There was a kindly gentleman a few years ago who wanted to bring healthcare to the masses. It was his dream not no American should go without medical insurance and care. I think his name was Hussein Obama. Maybe it was Barry something. Anyway, he convinced Congress to pass a law. The law did nothing to help the uninsured or those without access to doctors. What it did do was raise taxes and health insurance rates and made a lot of money for big insurance. Ah well, it’s the lie … the thought that counts, right? People needed healthcare.

Part of healthcare usually involves seeing a doctor for some sort of treatment. Sometimes the physician prescribes medication for a patient in the course of ameliorating an ailment. This is where things get funny.

Marlon Jones, one of the millions deeply cared about by Barry Whatshisname, saw his doctor about some knee pain. Jones received a double knee replacement as a result. The surgery caused considerable discomfort for which Jones was prescribed pain medication. Fits the narrative above, eh? Now the funny part.

Jones was arrested and charged with 14 felony drug and fraud charges. One can only imagine how amused he when they were handcuffing him. Ha ha. Jones was a fire chief in Utah. His friend, the police chief, told him the arrest was to “help” him. Very nice.

The state police targeted Jones after reviewing the state’s Prescription Drug Monitor Program database. The database was created under a nefarious law in order to allow the tracking and harassment of citizens in such fashion. Prescriptions and other medical information are supposed to be protected and private material for the use of doctors, patients, and pharmacists. HIPPA was another law enacted to help keep this information private. Why have a database and why allow (warrantless) fishing expeditions into it?

This isn’t just a Utah problem. Many (most?)(all?) states have such databases. Some protect the information. Others use it as Utah does for witch hunts. The feds desperately want in on the fun.

The Department of Justice [SIC] is linking all the state databases together into a super-system. The DEA wants access so they can do what Utah does on a national scale – ruin lives in larger numbers and faster. They have a few roadblocks.

In 2012 Oregon sued the federal government arguing that the personal information in its database was protected by the Fourth Amendment and not accessible outside of a warrant. Federal Judge Ancer L. Haggerty agreed:

In his 2014 ruling against the DEA, District Court Judge Ancer L. Haggerty called warrantless searches of such data an egregious invasion of privacy.

“It is difficult to conceive of information that is… more deserving of Fourth Amendment protection,” Haggerty said. “By obtaining the prescription records for individuals like John Does 2 and 4, a person would know that they have used testosterone in particular quantities and by extension, that they have gender identity disorder and are treating it through hormone therapy.

“Although there is not an absolute right to privacy in prescription information… it is more than reasonable for patients to believe that law enforcement agencies will not have unfettered access to their records,” he added.

The case is now before the Ninth Circuit Court of Appeals. There the FDA and that man who thought everyone needed health insurance argue people have lost their rights to privacy when their information is added to the database so the Fourth Amendment protection does not apply – the adding process is not voluntary, by the way. Actually, they don’t think the Fourth Amendment (or any others pertaining to individual freedom) apply at all any more.

Congress, not wanting to be left out of the Bill of Rights desecration party, passed this March the The Comprehensive Addiction and Recovery Act or “CARA” which will ease the sharing of database information pursuant to the DOJ’s and DEA’s plans. “CARA” is like “care” but with an “a”. The truth is these criminals do not care – not about you at any rate. They do care about expanding their police state powers. You should care. You should be alarmed.

Given this flurry of idiotic laws flying around concerning mandatory healthcare and database sharing and reporting, maybe one is better off forgoing any and all medical treatment. Jones surely could have lived a long (if painful) life with his old knees. Then again, they could just pass another law forcing people to have medical procedures. The Doctors And Medication Nationalization Act or “DAMN”? The doctors could just operate right in the prisons to make things logistically feasible.

The problem isn’t limited to medicine either. Heck, it’s everywhere the government touches – which is everywhere. The new FDA regulations developed illegally under the federal Family Tobacco Demonization Act may have similar implications for cigar smokers in the near future. Buy a box of Padrons and you’ll trigger the database police. A 10-year felony for cigar fraud. America, post America.

Google.

The solution is to get rid of these damned laws and their attendant regulations. Get rid of the agencies that enforce them. Get rid of the War on Drugs, the War on Freedom. Leave us alone. The government, if it must exist at all, should be a tiny little office in the D.C. swamp where the workers are terrified an angry mob of citizens might be at the door at any hour.

Until then maybe one should avoid seeking medications and medical care. You better not get sick, better not get hurt.

They Really Don’t Need a Stinking Warrant

01 Wednesday Jun 2016

Posted by perrinlovett in Legal/Political Columns, News and Notes

≈ 1 Comment

Tags

America, Bill of Rights, cigars, Constitution, FDA, Founders, Fourth Amendment, Fourth Circuit, freedom, government, law, police, police state, privacy, searches, The People

America: THE land of freedom, right? Well, economically speaking, we certainly are freer than most of the world, say countries like Somalia or North Korea. It terms of developed, civilized nations, we’re number 11.

nimbus-image-1464816580423

Freedom Index 2016, Heritage.

Switzerland and Australia are numbers 4 and 5 under “free” by the way. Again, that’s economic freedom or the lack thereof – taxes, business regs, etc.

In terms of personal freedom America is nowhere near where it used to be. Those specific rights protected by the Constitution are all but a memory. The Fourth Circuit Court of Appeals just sided with the 5th, 6th and 11th Circuits to deep-six the Fourth Amendment and the protection against unreasonable searches of persons, papers, and things.

When law enforcement asks a company for cellphone records to track location data in an investigation, is that a search under the Fourth Amendment?

By a 12-3 vote, appellate court judges in Richmond, Virginia, on Monday ruled that it is not — and therefore does not require a warrant.

The 4th Circuit Court of Appeals upheld what is known as the third-party doctrine: a legal theory suggesting that consumers who knowingly and willingly surrender information to third parties therefore have “no reasonable expectation of privacy” in that information — regardless of how much information there is, or how revealing it is.

Research clearly shows that cell-site location data collected over time can reveal a tremendous amount of personal information — like where you live, where you work, when you travel, who you meet with, and who you sleep with. And it’s impossible to make a call without giving up your location to the cellphone company.

This issue will likely make it to the high court one day where this precedent will be upheld. The developing theory is that no-one, outside of government criminals like Hillary Clinton, has any right or expectation to privacy – anywhere or regarding anything.

Google.

There are ways around such blatantly  Unconstitutional measures. However, the “law” has decided that taken such tactical precautions is evidence of wrong-doing all by itself. Damned if you do, damned if you don’t. Such measures also elude the technical capabilities of most people anyway.

The worn-out line of the sheep goes: “If you’re not doing anything wrong, you have nothing to worry about.” Two problems there: 1) you don’t know what they consider “wrong”, and; 2) how about when the government is wrong? What then? Move to a freer country? There are at least ten out there – one right next door to the U.S. Sit in your house and do absolutely nothing? That can be considered an indication of criminal intent or an invitation for a “welfare check-in” by the police.

The odds are you do not have anything to worry about. Obey the government in general, don’t make any waves, and they will probably leave you alone. Probably was not what the Founders had in mind with the Bill of Rights though. They desired protection from ALL government overreach.

Overreach is all the government does these days. I noted the other day that the FDA is out to kill off the cigar industry. The draconian regulations are about to begin. I’ve got a lot more coming on that soon. Please note thought, if you read my thoughts on a cellular device (or most any device) the cops may be watching. Worried about that? You should be…

A Dichotomy Of Arms

18 Sunday Oct 2015

Posted by perrinlovett in Legal/Political Columns, News and Notes

≈ 1 Comment

Tags

Amercia, anarchy, arms, army, Athens, authority, firearms, freedom, God, government, guns, history, Iraq, law, Melian Dialouge, Melos, military, murder, Natural Law, Paul, police, police state, power, Romans 13, Second Amendment, self-defense, self-preservation, state worship, The People, War

A man in Wyoming was out riding his bicycle. According to him he was attacked by a vicious German Shepherd (Belgian Malinois). Fearing for his life he shot the dog to death with his trusty revolver. It’s a story you may have missed. It only made the news because the dog in question was a former military service dog, a Bronze Star recipient, no less. I find the story interesting because it sheds light on a schism amongst the American people.

Mike was a nine year old dog who previously served two combat tours in Iraq. Upon his retirement Mike was adopted by Matthew Bessler, a retired Army Ranger. Both veterans suffered from PTSD; they provided each other with beneficial companionship.

Bessler went hunting. He left Mike in the care of a friend. Mike wandered off and encountered the cyclist – with deadly results. There, the news story ends.

The cyclist was not charged, his use of deadly force deemed by police to be justifiable self-defense. A GoFundMe page has been set up in order to provide Mike with a military burial.

A sub-controversey surrounds the fact the lethal shot hit Mike in the rear or back. I discount this factor. Attacking dogs move very fast. Shooting scenarios move fast too. A shot in the back does not, by itself, disqualify self-defense, especially concerning an animal. The old, false adage that retreat is better if possible is dangerous when one crosses a predatory animal. Withdrawal might trigger a chase or hunt instinct which could be worse than the initial confrontation. Like everyone else, I was not present and I can only go by the shooter’s account, tempered by reasoned thinking.

On the surface I find this story sad all the way around. I regret Mike’s death. I regret the cyclist felt his life was endangered to the point of resorting to shooting. I’m sorry Mike and Bessler suffered PTSD. I’m sorry their conditions were the results of the government’s inexplicable and indefensible war in Iraq. It’s terrible some think we need that government.

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Mike, another victim of the State. Daily Mail, UK.

Based on the bare facts reported by the (British) press, I support the cyclist’s account of the incident and his use of force. I can see a dog with PTSD (even if usually docile) becoming aggressive around a stranger. It happens.

I also hold Mike blameless. Even a vicious, dangerous animal is still just that, an animal. Mike was utterly blameless, too, regarding his military service and resulting illness. A human soldier with a conscious can object to illegal wars of aggression. A dog can’t.

Any blame here rests with the friend who was supposed to watch Mike. Large dogs should be leashed or fenced. Maybe there is no one to blame. Mike could have escaped a reasonable containment. Dogs do things like that. Maybe this was just a bad thing that happened – like a tornado or a freak accident.

At any rate, all of this is merely supporting background for my story. I noticed themes in the comments which accompanied the news which, upon further consideration, formed my titular dichotomy.

There were hundreds of comments which roughly divided into two camps. The first was supportive of the cyclist. They found the shooting justified. Most of these also held a pro Second Amendment bias. The other group was mortally offended at the death of a military hero, albeit a dog.

The former group fully supported the individual right of self preservation even if they found Mike’s death lamentable as I do. The latter hold the shooting of a military veteran indefensible under any circumstance.

There were a few other reactions. Some found the existence of the subject firearm the problem. I suppose some might hate bicycles or hate dogs. These opinions are outliers and safely factor out of my analysis.

Some pro-shooter comments:

Should have been on a leash.

…

Too bad for the dog but most communities have leash laws for a reason…and yes, many joggers and bicyclists are bitten by uncontrolled dogs, that’s why pepper spray is a good idea.

…

“Park County Sheriff Scott Steward said: ‘Essentially, if you feel your life is in danger or threatened by an animal, you can act against it.’ Exactly

Pro military, no matter what:

Sounds like another Democrat got there hand’s on a gun !!

…

this cyclist had no business killing this dog. Charges should be brought against him immediately.

…

I would not blame or feel bad at all and I would even back the dog owner if he wanted to take fatal retaliation against the cyclist. It is just. What the hell is wrong with people that want to kill a dog like that…This soldier has one more mission to accomplish! …huh rah!

…

I hope the shooter gets hit by a car and suffers a long painful death

These views show a division between otherwise aligned interests. Most of the folks are likely “conservative” by political philosophy, perhaps a few libertarian. “Liberals” would abhor the gun itself.

I see this as a difference of opinion between “red staters.” I suspect the majority of both sides generally support the carrying of individual arms. Both likely support justifiable self-defense. Here’s the division: the first group seems to support self-defense regardless of the aggressors status. They find a man free to act when illegally threatened. Period. I’ll call these the people “freedom lovers.” The others support self-defense unless the aggressor is a member of the hallowed legions of the state. I’ll call them “government lovers.”

The government lovers are more extreme. Not only do they want the cyclist prosecuted, they want him dead – by a “long painful death” – for a situation they did not witness. But, to them, the facts do not matter. They are more worshipers than mere lovers of the state. The government and its uniformed agents (even dog agents) must not be challenged – ever.

The worship of the state may be increasingly seen in American churches, particularly Evangelical protestant churches. Government has seemingly replaced God for many. Much of this stems from an overzealous but false interpretation of Romans 13. Paul was only speaking to legitimate state authority – authority not acting against God’s Natural Law.

The Nazis, acting under Hitler’s “legal” orders, carried out the murder of dissidents and other war crimes. Were these too God-sanctioned acts of official authority? I think not.

The statists see it otherwise – at least concerning the American government.

If American soldiers kill innocents overseas, regardless of conditions, it’s acceptable collateral damage. If the police shoot a dog it’s okay, even if the police are breaking their own laws during the shooting. The same standard applies to police shootings of innocent civilians. No matter the cause, no matter the circumstance, the government is never at fault.

In the odd event the government is at odds with one of its servants the lovers will throw the individual under the bus without thought or hesitation. The false god of the almighty state suffers NO challenge.

This highlights both a disdain for individuality and a lack of logic among the parishioners of official authority.

For those of us who value freedom over safety this dichotomy and this particular example illustrates both a dire problem and a hazardous solution for liberty. It reminds me, for some reason, of the Melian Dialogue (with a twist).

A bit of archaic history: In 416 B.C. Athens was perhaps the most powerful military force in the known ancient world. The Athenians sought to subjugate the small, peaceful island state of Melos. The Athenian navy arrived at Melos. The dialogue went something like this:

Athens: “Surrender and join us.”

Melos: “No.”

The Athenians then proceeded to exterminate the Melians and seize their island.

download

Ruins of Melos. Google.

Many in the freedom camp rightfully seek to resist the evil of the modern state. However, as to outright martial confrontation, they see no hope. Maybe they are right. The American military and police state is almost powerful beyond measure. Outright rebellion would be almost impossible.

It may though be possible to indirectly oppose state oppression. An individual might be able to resist a single agent of the state and legally get away with it. Such resistance is still fraught with gravest danger. After such an incident the individual will be faced with resentment and hatred of the government’s unthinking masses. Hatred to the point of murder in revenge.

A safer if slower strategy might be to seek out those of the opposing camp and convert them to the truth of freedom. If they can think and reason this may be possible. They can be armed without an army. They can be safe and secure absent official structure. They can act as individuals. They can regard God as God and alone the Supreme source of authority.

All of this is open for consideration. What say you?

 

Guilty: Students, Professors, and the Public Get Schooled by Big Brother

16 Wednesday Sep 2015

Posted by perrinlovett in Legal/Political Columns

≈ 1 Comment

Tags

America, Amerika, anarchy, bombs, Courts, crime, double jeopardy, drugs, due process, evidence, evil, freedom, government, injustice, Islam, justice, Justice Department, law, police, police state, prisons, probable cause, rights, schools, Sir. William Blackstone, State, statism, students, teachers, Temple University, terrorists, The People

Several years ago, when I was actively practicing law, I held a discussion with a class of highly motivated and intelligent high school students (mostly upperclassmen).  My subject matter was the economic and cultural chaos wrought by the modern police state.  To my joy the students, nearly every one of them, were not only aware of the issues I covered but were deeply concerned about the world they would soon enter as adults.  Many embraced good old-fashioned anarchy as a positive response to the daily deluge of state-imposed evil.

Another thing which struck me, and which I mentioned to the young people, was how much their public, government high school resembled a prison – both in physical appearance and in operation.  Of this too they were all to aware.

It was a nice, new, modern facility in one of the trendiest parts of town.  It was where the money went when they didn’t want the private school bills.  The halls were clean, the grounds attractive, the people were pleasant.  However, I noticed things which seemed better suited for a correctional facility than a place of education.

Back then I regularly traveled around to various prisons and jails.  Most have a familiar layout and feel.  So too did this shiny new hall of academia.  The building was made of interlaced concrete blocks, bare of ornamentation – like a prison. The rectangular halls, with classrooms on either side, were laid out in wings or pods, fanning from a central hub – like a prison.  The central hub housed the administrative office in what looked like a tall glass control tower – like a prison. Near the doors were metal detectors (not in use that day) – like a prison.  The building was patrolled by armed officers – like a prison.

I had met some of these officers, all certified in law enforcement, before in professional settings.  I tried several cases stemming from “criminal” school misconduct.  The cases usually involved drugs, alcohol, cigarettes or other earth-destroying calamities.  Every single one of them was also devoid or things like probable cause, evidence, due process, and common sense.  I beat every single case.  And, it took quite the beating to win them.

Another ancient legal protection absent from modern Amerika, especially concerning students, is the prohibition against double jeopardy.  The theory, best summarized by Sir William Blackstone in the late eighteenth century was the “universal maxim of the common law of England, that no man is to be brought into jeopardy of his life more than once for the same offence.” (Emphasis mine.)  This theory is but legend now.  Our children often face triple jeopardy over things that are not crimes in the first place.  Here’s a real world example (possibly a combination of different cases, all real):

Johnny saw the school psychologist who suggested Johnny be prescribed mind-altering psychotropic drugs for his nonexistent attention deficit (in reality Johnny was just a boy).  Johnny’s doctor prescribed the narcotics, which otherwise would be considered illegal under state and federal law.  Johnny became semi-addicted.  The drugs caused his brain to slow down.  While giving him the appearance of being calm and receptive the dope also seriously impaired his health, to include his judgment. Johnny became a zombie.

Now, under the influence of these otherwise illegal drugs, practically mandated by his school, Johnny ran afoul of the school’s idiotic policy on otherwise illegal drugs.  School regulations dictate that any and all medications prescribed to a student must be held for the student’s use in the keeping of the school nurse. Johnny so kept his medicine in the school’s care and keeping.  Remember, the drugs in question diminished Johnny’s ability to rationalize and act appropriately.

One day, under the influence of these dangerous narcotics, Johnny forgot to drop off a few of his pills with the nurse.  He kept them in his book bag.  Mind you that Johnny never had any troubles whatsoever with his teachers, his classmates, or anyone else.

Out of the blue, without warning, probable cause, or a warrant, along came the local Sheriff’s department and their trusty drug-sniffing dog.  My students told me periodic drug sweeps were common in the prison…er..school.  The dog did his unlawful job well and promptly located Johnny’s pills.  The pills he was forced to take.  The pills that impaired his ability to reason.  The pills that caused him to forget to follow the procedures of the school that forced him to take the pills. Johnny was in trouble.

Jeopardy the first: Johnny had to appear at an administrative school hearing and faced expulsion or a year at the “alternative” school – like the supermax prison of the school world. Jeopardy the second, under asinine state law, as a minor with a driver’s license, Johnny’s possession of “drugs” put his license at risk and necessitated another administrative hearing before a state officer.  Third, and worst, Johnny faced a criminal proceeding and the possibility of jail time.

Luckily, Johnny had a good attorney and beat the triple threat.  He was back in class, soon weened himself off the school dope, and became a college honors student.  Others in the system are often not that lucky.  Maybe you know one of them. Maybe you were one of them.  Others have noticed this phenomenon and written about it.

Today John W. Whitehead wrote: Public School Students Are the New Inmates in the American Police State.

From the moment a child enters one of the nation’s 98,000 public schools to the moment she graduates, she will be exposed to a steady diet of draconian zero tolerance policies that criminalize childish behavior, overreaching anti-bullying statutes that criminalize speech, school resource officers (police) tasked with disciplining and/or arresting so-called “disorderly” students, standardized testing that emphasizes rote answers over critical thinking, politically correct mindsets that teach young people to censor themselves and those around them, and extensive biometric and surveillance systems that, coupled with the rest, acclimate young people to a world in which they have no freedom of thought, speech or movement.

If your child is fortunate enough to survive his encounter with the public schools, you should count yourself fortunate.

Most students are not so lucky.

By the time the average young person in America finishes their public school education, nearly one out of every three of them will have been arrested.

Whitehead.

Whitehead notes the utterly insane militarization of the school police, who shouldn’t even exist in the first place:

In their zeal to crack down on guns and lock down the schools, these cheerleaders for police state tactics in the schools might also fail to mention the lucrative, multi-million dollar deals being cut with military contractors such as Taser International to equip these school cops with tasers, tanks, rifles and $100,000 shooting detection systems.

Indeed, the transformation of hometown police departments into extensions of the military has been mirrored in the public schools, where school police have been gifted with high-powered M16 rifles, MRAP armored vehicles, grenade launchers, and other military gear. One Texas school district even boasts its own 12-member SWAT team.

As Whitehead states, the stories of abuse are “legion.” Students are being harassed, detained, and arrested for anything and everything.  One student was recently arrested for showing off his homemade clock at school.  Specifically, he was showing the clock off to his engineering teacher, who was duly impressed. Despite the fact the clock was obviously a time keeping device and impressed the shop teacher, its owner, a 14-year-old, was handcuffed and hauled away by police.

_85589317_4163c0e1-3c48-44ab-af0f-c53360632e81

Child Arrested for Chronometer Possession.  BBC.

The boy in question was a known Muslim and some feared his clock was a bomb. The criminal case was dismissed after the clock was verified to be a clock not a weapon.  I imagine the boy still faces school discipline in addition to the trauma he suffered during the incident.

This story almost makes sense.  Americans today face the threat of Islamic terror, largely because their government constantly stirs the Islamic world to the point of terrorism.  The same government then trains, equips and funds the known terrorists.  Worse, the government, almost out of malicious hate for the people, then import migrants from the areas where they have fostered hate and terror.  You can see this is definitely a problem.  But, it’s a problem with the state not with an aspiring young engineer.

Your government does not care, at all.  Frequently neither does the media nor the television-numbed people themselves.  Obey those laws!  Trust the state! Arrested means guilty, period!

William L. Anderson today recounts the horror story of the arrest and unlawful prosecution by the U.S. “Justice” Department of Xiaoxing Xi, Chairman of the physics department of Temple University, on espionage charges: Paranoia and Pernicious Prosecutions: The Department of Injustice Continues its War Against the Innocent.

The once-glorious standard of American criminal law – guilty beyond a reasonable doubt – no longer exists de facto in U.S. courts, and especially in federal courts. Furthermore, federal intervention in certain legal areas – and especially when highly-politicized accusations of sexual assault are made – has made it extremely difficult for charged individuals to mount a defense, even when a charge is ludicrous on its face.

Let me further explain. Had there been a trial federal prosecutors would have presented their evidence and Dr. Xi would have had to then rebut with his evidence. However, as became painfully obvious, prosecutors had no evidence. Instead, they had “evidence” that on its face was untrue because they had the wrong material. One imagines that prosecutors and their “expert” witnesses would have given jurors a lot of scientific terminology that would have been confusing, and when jurors are confused, they usually end up siding with the prosecution, since most Americans believe that an indictment itself is “proof” of guilt.

It would have been up to Dr. Xi and his defense to prove that federal agents had presented the wrong set of blueprints. The feds would have falsely claimed that theirs was the correct set, even though by then they surely would have known they were presenting false claims. This last point is important, because it is a crime to knowingly present false information to a jury, but prosecutors never are disciplined for doing just that.

Anderson.

As Anderson notes, the feds dropped their case once it was obvious they had no evidence.  Xi pretty much lost everything – his reputation, his position, his peace of mind as an innocent American – all because of groundless charges brought without evidence.  Evidence is (or used to be) critical for a criminal case and conviction.  In my career I had similar criminal cases in federal and state courts fall apart due to a complete lack of evidence.  More on some of those in another column or two.

Many do not care about standards of evidence, due process or about the rights of people in general.  See: here, and here, and here.  That last “here” link is to a story I did about an innocent man shot by the police in Atlanta in his own home for no reason.  That narrative has played out yet again:

Fearing for their lives, California deputies opened fire on a man who was recording them with a cell phone from the garage of his home Friday, claiming they thought it was a gun.

Sacramento County sheriff’s deputies then searched the man’s home, finding no guns, before they apologized and went on their way.

Fortunately, Danny Sanchez survived the shooting, ending up with only bullet fragments in his legs, which he was having removed through surgery on Friday.

And although deputies apologized to Sanchez, they are pretty much unapologetic for their actions because, you know, officer safety.

 Carlos Miller, PINAC News.

Pitiful action by pitiful men.  Scared of a cellphone.  “Sorry we shot you.  Well, have a good day, sir!”  And the lemmings among you will still praise the deputies and chastise the victim.  “He should have obeyed the law!”  He did.  “You have to respect the police!”  No known disrespect even after they almost murdered him. Reality is doing a really poor job convincing the state-worshipers their’s is a false god.

For you, the sane, eye with distrust the machinations of government: its foreign policies; its immigration policies; all its policies; its schools; its courts; its police. All the laws and all the agents serve but the government and its owners. You and I are either obedient servants or criminal enemies of the state.

Note: This article was originally intended as two separate parts. As the subject matters – schools as prisons and more prosecutorial/police misconduct are related, I combined them, here.  This also promotes reading economy.  You’re welcome.

The Doves of Peace and the god of War

06 Sunday Sep 2015

Posted by perrinlovett in Legal/Political Columns, News and Notes

≈ 1 Comment

Tags

America, Constitution, crime, freedom, government, law, military, Nazi germany, police, police state, Posse Comitatus Act, rights, The People, troops

Last week I posted a short bit about an odd, illegal police shooting in Atlanta. I caught a little flak from readers – mostly over the “innocent” nature of the subject home invasion and aggravated assault.

I saw the story as further proof of the American police state (no longer a theory nor “emerging”).

Nonetheless, I recognize some folks will support the police no matter what. Some have a love affair with government. Some see government as a god. These same people sometimes sport “Support Our Troops” bumper stickers and similar ornaments. Strangely, these same people usually view other parts of the state as dangerous – but they love the heavily armed parts. Weird, I know.

Such is the love and admiration for government troops that some will even take up arms to guard the very troops who supposedly guard the guards. Confusing, I realize. It gets even murkier when one considers that the endangering element from which the guards must be guarded was created by and imported by the government. No mind. The troops must be supported no matter what. Even when they, like the police, invade your property without cause and hold you at gun point. Read this:

Texas Air Force Personnel Detain Dove Hunters on Private Property

outdoorhub-texas-air-force-personnel-detain-dove-hunters-at-gunpoint-on-private-property-2015-09-03_15-20-26-880x503

Outdoorhub.com.

On Tuesday, the opening day of dove season in Texas, six hunters were detained by base personnel while traveling through private farmland adjacent to the base. The property was leased by the company that organized the hunt, Wildlife Systems, and had been used previously for hunting. Despite that, 17th Training Wing Security Forces entered the property and detained the hunting party—which reportedly also included the property owner.

…

“On a farm field that we lease that’s adjacent to the Base, surrounded by a security fence, they swarmed our group of 6 hunters, made them lay on their belly, spread eagle, for almost 30 minutes at gunpoint, two of them on asphalt in almost 100 degree temps and would not let them move, with our hunters pleading with them. One was laying in a red ant bed and they would not let him move.”

Base officials later stated that the hunters were detained because they were believed to be a threat, especially due to their proximity to the base. After it was determined that the hunters were only after doves, base officials said they were promptly released.

  • Outdoorhub.com.

I read the comments which accompanied this story. Roughly half were rightly indignant. The other half expressed unwaivering, religious support for the state’s criminal actors. In the clouded eyes of the latter group, dove hunting on your own land is akin to terrorism and worthy of assault or worse. Nothing must offend the (very sensitive) god-king.

I immediately thought this was a Posse Comitatus Act violation. The PCA forbids, under criminal penalties, the use of the federal military for civil law enforcement. Upon further consideration I realized this was just a case of law breaking, rather than enforcement. The MPs or “base personnel” are just guilty of trespassing and felony kidnapping.

They will not be published. One does not punish the god-king of the state. All those wacky laws, as applied to the government, are null and void. Even the revered Constitution has fallen:

“So you’re a Constitutionalist? We’ve had problems with this before!”

Long Valley, CA — Last month, the Feinman family was driving through a constitutionally questionable interstate checkpoint. This checkpoint is not on the US/Mexican border; it is along Highway 395N between California and Nevada.

When driving through these in-country checkpoints, you are not required to answer the agent’s questions (usually starting with “Are you a United States citizen?”). Nor are you required to consent to any searches.

Please note this story occurred in the United States not in Nazi Germany. The foolish family asserted their rights as free people and were promptly seized and arrested. The criminal state agents noted they had prior problems with Constitutionalists which means they have a problem with the Constitution – at least the parts concerning individual liberty.

To the sane among us it is patently obvious there is no legal protection in this country for us or our freedoms. The insane, the stupid, the craven will support the police, the troops, the government unto the bitter end. Something has to give.

The moral of the story is: support the government or they will invade your property, shoot your dog, and throw you to the ants.

 

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Perrin Lovett

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