Return to the Constitution
The Constitution was written to prevent the government from abusing the rights of us as citizens. The Fourth Amendment reads – 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.
When you are pulled over by a police officer for any reason, your person has been seized. Anytime an officer knocks on your door and steps inside your house without your invitation, you have been searched. Anytime an officer thumbs through your contact list on your smart phone or surfs your laptop’s menu, your papers and effects have been have also been searched. Anytime the police dump out your purse or briefcase, your effects have been searched. Anytime an officer goes into your backyard to see if there is a “zoning violation” your house has been searched. Are they unreasonable under the law? More often than not they are.
As a defense attorney I have filed and litigated dozens, if not hundreds, of hearings called suppression hearings. These hearings are for a court to determine if the government – i.e. the police – have illegally searched you in violation of the Constitution. When the court grants suppression, that means the police have BROKEN THE LAW and illegally searched and/or seized you. When this is determined, the evidence cannot be used against you.
What happens to the government official who has BROKEN THE LAW? Nothing. Have you ever been told you could sue the police for a violation of your 4th Amendment rights. Not likely. In the past eleven years has the Washington County Attorney – Brock Belnap – ever reprimanded an officer or brought charges against one for BREAKING THE LAW by violating the 4th Amendment? I would posit the answer is most likely never.
Which area of the government is uniformly and completely in lock step in supporting the incumbent Washington County Attorney? Every single police agency in the county. Every last one.
Who is watching the watchers? Who is prosecuting ALL crimes, not just the crimes committed by non-law enforcement? Who is prosecuting cases when the government (police) are acting more criminally than those they investigate? I suggest NO ONE.
Return to the Constitution – vote for someone who will do what is right, not just what is popular, with the government.
Aric Cramer
Attorney at Law