-Caveat Lector- visit my web site at http://www.voicenet.com/~wbacon My ICQ# is 79071904 for a precise list of the powers of the Federal Government linkto: http://www.voicenet.com/~wbacon/Enumerated.html ---------- Forwarded message ---------- Date: Sun, 27 May 2001 14:14:56 EDT From: [EMAIL PROTECTED] Reply-To: [EMAIL PROTECTED] To: [EMAIL PROTECTED] Subject: SNET: A Trade Of Freedom For Safety - How Sad...... -> SNETNEWS Mailing List BOB'S NOTE: FIRST OF ALL, THANK YOU SO VERY MUCH, CARL WORDEN - THIS IS AN EXCELLENT ARTICLE. It is so very sad, painfully sad, that we have such lethargic, dumbed-down-by-their-government, established-media believing SHEEPLE - most victims of the Public Fool System. Do some of you want situations such as this to end?? Then my admonishment still stands - "officials" such as these only understand communications that come at them at approx. 2800 feet-per-second. OK, let me make it real plain - SHOOT TO KILL. We did it 225 years ago - would it not help now??? May God have mercy on our once-great nation. "It is not the function of our Government to keep the citizen from falling into error; it is the function of the citizen to keep the Government from falling into error." U.S. Supreme Court in American Communications Association v. Douds, 339U.S. 382,442. THE BILL OF RIGHTS As provided in the FIRST TEN AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES Effective December 15, 1791 Articles in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution. PREAMBLE The conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declarator and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best insure the beneficient ends of its institution. ....................ARTICLE 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............... Respectfully Submitted, Bob Worn, Major-USAF (Retired) Route 8 Box 422 Pritchett, Texas 75644-8825 903-734-6970 Subj: IN RETURN FOR A MEASURE OF SAFETY? Date: 5/24/01 5:04:56 PM Central Daylight Time From: [EMAIL PROTECTED] (Carl Worden) Reply-to: [EMAIL PROTECTED] (Carl Worden) To: [EMAIL PROTECTED] (Joseph Farah) Ladies & gentlemen: While renting a movie at the local video store, a very nice young lady, a student at Eagle Point High School, informed me her school had received two bomb threats two weeks earlier. The bomb threats never hit the local news, thanks to an agreement between local law enforcement and the media. It was a smart move to reduce the incidence of copy-cat threats, and CNN, ABC, NBC, CBS, Fox and every other form of media should emulate the same policy whenever a school shooting takes place. Had they done so from the very beginning, I have little doubt some of those children would still be alive today. Anyway, this young lady informed me that they were immediately evacuated from the school, but were required to leave all their personal possessions like back packs, purses, etc., behind. Inside the school, the police officers, acting under the direction of the Chief of the Eagle Point Police Department, set about opening every locker and searching every backpack and purse. Obviously, the intent was to find a bomb or two, but they also found Marijuana, and, according to the young lady, a small hatchet. The items of contraband were seized without a warrant and turned over to school officials, who would be taking punitive actions against the little infidels who possessed them. No bombs were found in either case. Both threats had been called in anonymously from pay telephones. Okay, now what do we have here? According to the police chief, the school "owns" the lockers and can open them to search anytime they want to -- including opening and looking inside items found in the lockers and left behind during the evacuation. I asked the police chief where I could look up a law, either state or federal, that would establish such school authority and authorize such a search. He was unable to cite such a law. I asked the police chief if he or any other officer had called a judge to secure a search warrant. No attempt had been made. I asked if the students or their parents had signed any waivers kept on file at the school that would give the school administration or the police permission to search the personal possessions of students in the event of such an "emergency". No such waivers had been asked for or signed. I asked the police chief if it were possible a renegade police official or other person who wanted to shake down the school had made one or more of the anonymous telephone calls. He had to admit that was possible, but not at all probable. The police chief defended the action because it was done for the "safety" of the children. You can see where I'm going with this. Here we have a public school administration that is supposed to teach the students their civil rights under the Constitution and the Bill of Rights, but instead is blatantly violating those rights in return for the "safety" of the children. Here we have a police chief who has sworn an oath to uphold and defend the Constitution of the United States, who just as blatantly tramples the rights of those children for the same measure of "safety". So what did this warrantless search and seizure accomplish? Well at least the cops and perhaps the school officials now know which girls are probably sexually active because they found their birth control pills. They know which girls are probably in their menstrual cycle. They definitely know which students were stupid enough to bring Marijuana to school! Who knows what else they found that was intended to remain the personal and private property of those students. Did they read some of the kids' personal letters, perhaps? You know, to make sure they didn't have personal problems -- to make sure the rest of the students remain "safe"? Yessiree folks, I've got a real problem with this kind of thing. If the police were so worried about a bomb going off, why didn't they simply evacuate the kids, seal off the school, close it down and sit back? Why an immediate search? If there were a credible bomb threat, you certainly wouldn't find Carl Worden walking down the halls opening up lockers, No way: Some people know how to rig up a locker with a hand grenade that is undetectable until it's too late. No, I'd bring in a bomb-sniffing dog and a bomb squad, and I would not be in a hurry, either. This is an amazingly fertile opportunity for some disgruntled parent to bring a nasty and expensive lawsuit against both the Eagle Point School District and the Eagle Point Police Department. I cannot understand or tolerate this level of lawlessness and recklessness in our public officials. If the school district gets sued, I get sued because I'm a taxpayer in the district. This kind of lawsuit would probably be filed as a class-action on behalf of every student who's possessions were opened, searched and seized without a warrant on the basis of an anonymous telephone call. A sharp ACLU attorney would shred every defense the school and police department could offer, and the damages could be in the millions. It would appear the school officials and the police chief are unaware of the peril they have placed themselves in at the same time. Under United States Code, Title 42, Sections 1983, 1985 and 1986, any public official who uses his/her position to conspire to violate the civil rights of the citizens; to actually violate the civil rights of the citizens; or to fail to use their position to prevent a violation of a citizen's rights under the Constitution, can be held personally liable for the damages caused to the citizens so harmed by their actions and their failure to act. In other words, you public officials lose your immunity and the kids can come after you for a change. How would you like a taste of that? It's not as if anonymous bomb threats are unheard of around here, and that is why there is an agreement between local law enforcers and the media to suppress reporting them. But where it comes to spontaneous police searches, the Founding Fathers of this nation left very little wiggle room when they wrote Article IV of the Bill of Rights, which 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." The police and school officials in this case conspired to use warrantless searches of students' papers and effects in the event of a bomb threat at the school. The police and school officials actually participated in the warrantless searches when a bomb threat was issued, and none of the police officers or school officials attempted to use their position to stop these warrantless searches from taking place. That's three out of three violations under Title 42 USC, sections 1983, 1985 and 1986. The only thing left to consider is whether those searches were unreasonable under the circumstances. Let's consider that issue: A bomb threat is called in anonymously. What is the immediate action that needs to be taken? Get the kids off the campus and away to safety, right? Okay, that is done and the kids have left their papers and effects behind in case there might be a bomb concealed in one or more of them. No civil rights violations so far, and the police' actions have been reasonable and necessary to this point. The police move into the school immediately to search for a bomb, but do they have to? No, in fact they are now placing the lives of police officers unnecessarily in peril while searching for an explosive device with a possible timer-detonator that can only destroy physical property if they just sit back and wait. Instead, the police search every personal article and locker at the school, finding Marijuana, a small hatchet and other "banned" items that are seized without a warrant. The police then give those seized items to school officials who will be taking punitive actions against the students now known to be in possession of them. And the police and school officials see nothing wrong with this? Oh, baby... It's not that I'm unsympathetic with the police and school officials, but nobody made them take those positions of responsibility, and if they cannot be trusted to protect the civil rights of the students under their care in these situations, then they have no business holding those positions. Besides that, they don't do their jobs for free. These public servants also owe it to the taxpayers in the Eagle Point School District to take whatever steps they can to avoid unnecessary lawsuits. That is something they flagrantly did not do in this case. In fact, the total lack of effort to obtain an emergency search warrant from a local judge is appalling and not at all understandable, since there was no obvious and immediate threat to human life once the school had been evacuated. That is why I believe the police and school officials are going to find themselves in a lot of trouble over this. Carl F. Worden -> To unsubscribe send email to [EMAIL PROTECTED] ==^================================================================ EASY UNSUBSCRIBE click here: http://topica.com/u/?b1ddDh.b2B0gP Or send an email To: [EMAIL PROTECTED] This email was sent to: [EMAIL PROTECTED] T O P I C A -- Register now to manage your mail! http://www.topica.com/partner/tag02/register ==^================================================================ <A HREF="http://www.ctrl.org/";>www.ctrl.org</A> DECLARATION & DISCLAIMER ========== CTRL is a discussion & informational exchange list. Proselytizing propagandic screeds are unwelcomed. 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