Are you protected from illegal search and seizure of property under the fourth amendment to the Constitution?
Our forefathers attempted to ensure that citizens of the United States of America would never be subjected to illegal searches or have agents come into places of business to search the premises without a warrant. For many years, the Constitution, under the fourth amendment, guaranteed that we were protected from illegal searches and seizures such as the one described by The Agenda.
Unfortunately, this ‘right’ of every citizen was first threatened under the presidency of Woodrow Wilson who did not believe that private citizens were trained and could cope with the challenges of society. He preferred “administrative” law rather than “constitutional” law.
With the help of progressive presidents such as Franklin D. Roosevelt and others, our country has moved closer and closer to this reality until today raids such as the one in Orange County, FL that was felt by Brian Berry who owns Strictly Skillz Barber Shop are not uncommon.
The State Regulating Agency of the State of FL were the culprits who went into the shop and handcuffed the workers and searched the premises without a warrant. They were, under the agencies administrative rules and regulations, within their rights. This is what “administrative agencies” do. They usurp the constitutional rights of citizens – they have legislative (rule making), executive (authority to act), and judicial (judges who hear complaints) authority. Citizens may not take their grievances to an independent judge until they have exhausted the authority of the agencies judicial powers. By this time, many will have become, well exhausted.
In theory, even government Administrative Agencies are restrained by the Fourth Amendment.
The Fourth Amendment protects people from unreasonable searches and seizures. The Fourth Amendment provides that no warrant can be issued if there is no probable cause to conduct search or seizure. Administrative inspections are also protected by the Fourth Amendment.
However, administrative agency searches do not strictly adhere to the Fourth Amendment and the requirement of probable cause. Simply put, if a governmental interest is at stake, then that is a sufficient finding of probable cause for an administrative search.
As agencies expand in size and number, more instances of search and seizure without warrants occur as emergencies and probable cause are loosely defined:
In certain situations a warrant is not required for search and seizure by administrative agencies. In these situations, obtaining a warrant may not be reasonable. Such situations include:
- emergencies [iii]
- pervasively regulated activities [iv]
- consent searches
- searches of open fields
- searches accompanying administrative investigations
Electing a president and Congress who believe in our constitution is needed if Americans are going to get this law changed.
If you would like to learn more about Constitutional Government and how it can be protected, one place that on-line courses are offered free is Hillsdale College. Donations are appreciated and accepted, but Hillsdale accepts no federal monies and are therefore able to teach without federal restrictions.