Saturday, August 28, 2010

The Ninth Circuit Wrong Again

The US Ninth Circuit Court Of Appeals (On the "left coast") has ruled that it is "OK" for police to put a GPS device on a suspect's auto, out of sight, in the dead-of-night, on his property (ie Driveway) (1) to track his later movements, without a warrant obtained from a judge

This represents another example of tyrannical judges who either cannot understand the intent of the writers of our Bill Of Rights OR, as is more likely, do not wish to accept that basis of our laws as still in-force. This is not much different to the lack of respect for the First Amendment's "Congress shall make no law...", the "...shall not be infringed" of the Second Amendment (As well as the meaning of "militia" in the late 1780s (2) ) and the entire Tenth Amendment.

More importantly, they ignore the fact that the Constitution provides, by amendment, its own methods for adding or deleting rights through the People's elected representatives and NOT by judicial fiat. The Ninth Circuit Court Of Appeals has, by the above noted ruling, taken upon itself AND from the People the power to remove a civil right.


(1) "Curtilage": In law, curtilage is an area of land or structures around a dwelling or other structure.

The area within the curtilage is typically treated as being legally coupled with the building it surrounds, despite the fact that it might commonly be considered outdoors or detached from the main structure.

(2) Post: Best Book: Second Amendment & Bill Of Rights

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