Derrick E Grayson posted in New Georgia Republican
Leadership for Principles above Politicians. No Nock Search Warrants (Where Police violate your 4th
Amendment Rights)
Something's afoot in Georgia and it does not pass the smell
test.
There are several things you will find in this post.
1. Link to my testimony, giving reasons as to why Georgia
should not pass SB159, which would make No Knock Search Warrants Legal.
2. Description (below) giving you some history, so that you
will understand what Georgia is attempting to make Law.
Note:
Notice the DISINTEREST in testimony of some of the panel
members. While this fight is NOT over, know this, if it does pass in Georgia, It
will be coming to your state next. Grasp It!
Let me put you an "Understanding" of No Knock
Search Warrants in Ga. Why? It is
because there's nothing in the world like an understanding.
How is it supposed to be?
First and foremost, No Knock Warrants, without a doubt,
violates EVERY CITIZEN'S 4th Amendment Protection. It is the 4th Amendment that
made America UNIQUE among all other nations, past and present. No one can enter
your home without a search warrant and it requires notice of
intent in order to do so. For 18 centuries, governments did
as they pleased to the Citizenry. Then came the United States and we've have the
unique protection of Our 4th Amendment for 2 centuries. However, at the end of
the 20th century, we have begun to see an erosion of our liberties and freedoms
to include violations of even Our 2nd, 5th and
10th Amendment protections as well.
In Georgia, No Knock Warrants are currently ILLEGAL, as they
should be, as required by Our Constitution of these United States.
How did No Knocks Come to Be?
There is this thing called "Judicial Activism"
that is responsible. Basically, this is when Judges create new law from the
bench in the form of their judicial rulings, and those rulings can be contrary
to the Constitution and have not been established by the legislative process.
That said, some Judges at the Federal level decided to
exercise some "Judicial Activism", by ruling that "No Knock
Warrants" could be issued.
Why did they do this?
This was when the "War on Drugs" was at its peak.
Cops argued that Drug Dealers were too dangerous and they needed to be able to
deprive them of their right to a "Knock and Announce", in order to
prevent "Harm to the Officer" or the "Destruction of
Evidence". However, the use of No Knock Warrants was pulled back. Why?
Abuse was rampant.
Why did Judicial Activism at the Federal Level trickle down
to the State Level? In practice, Federal Law, which is SUPPOSED to be
Constitutional, supersedes Unconstitutional State Law. Some examples are
Slavery and
Jim Crow.
However, as of late, we have seen an UNUSUALLY high level of
Unconstitutional Federal Legislation that States have willingly fallen in line
with. Some examples are The Departments of Education and the EPA, and The
Affordable Care Act.
Notwithstanding, States have the right to refuse to obey
Federal Law / Legislation, that they deem federally Unconstitutional. An
example would be States that refused to participate in the Obamacare Health Exchange.
So why is Georgia engaged in the Unconstitutional practice
of No Knock Warrants? It is because the Prosecutors and Police Departments want
it. Since Judicial Activism had made them available as a quasi legal means of use,
they now want them "codified", on the books legally, so that they
can use them at will, LEGALLY.
If we stop No Knock Warrants, won't this hurt a cop's
ability to stop the destruction of evidence or endanger their lives?
No. In fact, No Knock Warrants actually ENDANGERS the lives
of cops. Secondly, it is much safer to
wait until a suspect is out of the house than to enter unannounced.
Third, if a suspect does not know that he is being surveilled,
he has no reason to destroy evidence. When he leaves the home, detain him outside
and execute the search warrant.
Lastly, cops already have on the books, a provision for
exigent circumstances, allowing them to enter without a knock and announce.
Why are No Knock Warrants a problem for Georgia?
It is a problem for several reasons.
1. It is usually the victims who pay the price for No Knock
Warrants that go awry.
2. There is almost always no accountability in terms of Officer,
Prosecutor or Judgeship prosecution for wrong doing when citizens are injured,
maimed or killed.
3. Legalizing No Knock Warrants will further exacerbate an
already egregious practice.
4. No Knock Warrants generally, impact mostly Blacks and
Poor White communities.
5. On the rare occasions that there is a prosecution for a
No Knock gone wrong, it is the Taxpayer that foots the bill for damages.
6. Setting this precedence in Georgia will undoubtedly move
other States to legalize this practice.
So what can we do to stop this Legislation?
1. Phone and Email YOUR Representatives, asking them to not
support this bill.
2. Promise them that they will not receive your vote in the
next election if they do.
3. When called upon, show up at the hearings. We need to
show them that THEY SERVE US.
4. Lastly, encourage them to do the following
a. Get the Georgia Legislature to reject Federal Judicial
Activism and stop the use of No Knock Warrants in Georgia altogether. - Or - b.
Add legislation that provides for punitive civil and criminal liability of
judges, prosecutors and officers for when No Knock Warrants go bad. This alone
would ensure greater care and limited use.
Derrick Grayson Testifies before Senate Committee
Let me put you an "Understanding" of No Knock
Warrants in Ga. Why? Because there's nothing in the world like an
understanding. How is it Supposed to Be? Reply to this email to comment on this
post.
https://www.facebook.com/n/?groups%2Fnewgagopleaders%2Fpermalink%2F785292491553849%2F&aref=276582289&medium=email&mid=b646beaG2238f8faG107c4f91G96G691&bcode=1.1425698493.AblTxcwVyywydhna&n_m=ntl%40mindspring.com
No comments:
Post a Comment