Attack on the Fourth Amendment: Four Fascists in the Mississippi House Embarrass the State

Posted by on February 1, 2015
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msgop

From left to right: Randy Boyd (Dist. 19), Larry Byrd (Dist. 104), Lester Carpenter (Dist. 1), and Tommy Taylor (Dist. 28)

From Mississippi Conservative Daily:

It seems every few years a group of totalitarians in the Mississippi legislature conjure up what few brain cells they have that actually function to any reasonable degree and draft legislation that completely embarrasses our state and threatens our liberty.

In 2008, if you recall, several House members wrote a bill that would, I kid you not, make it illegal for restaurants in Mississippi to serve fat people. This joke of a bill was aimed at the chronically high obesity rate in the state. Representatives W. T. Mayhall, Bobby Shows, and John Read succeeded, not in getting the bill passed thank goodness, but in humiliating our state as word of the proposal made national news. They quickly backed off their crusade.

This session saw four representatives do something far worse than merely embarrassing the state; they introduced a bill that is downright dangerous to the future liberty of our people. House Bill 1261, known as the “Dangerous Dog Bill,” has two primary sponsors, Representatives Larry Byrd (District 104) and Tommy Taylor (District 28), but is also supported by Randy Boyd (District 19) and Lester Carpenter (District 1), who just so happens to be the chair of the House Conservative Coalition.

Now there’s nothing wrong with having a few laws with specific punishments for those who are not responsible in caring for their dogs and, out of irresponsible behavior, allow the dog to injure someone. But there should be enough on the books to handle those cases.  This bill steps over the line, way over the line. In fact, no other state in the Union has ever passed anything like this.

Let’s look at the language of the bill itself. After first laying out exactly what kind of dogs are not permitted under this law, and how we are supposed care for them, our masters spell out our punishments, and here is where it gets hairy.

Section 3, Paragraph 8: “In order to determine if there is a violation … a law enforcement officer, at any time, may enter the premises where a dangerous dog is kept, or is believed to be kept, for an on-site inspection of the premises.”

So a cop can enter my home “at any time” for an “on-site inspection” of my house to determine if I have a dangerous dog or not, and to determine if I am in compliance with the law. Say, gentlemen, didn’t they do that in Nazi Germany?

Well, fascist countries don’t have a Bill of Rights. But thankfully we do! Here is the text of the Fourth Amendment for those who don’t know it by heart:

“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.”

What part of “shall not be violated” do these illustrious legislators not understand? It’s plain English. It simply means private property – one of the great pillars that supports our republic – is protected and can’t be searched or any property seized without a warrant, and cops can’t get a warrant without probable cause. Probable cause does NOT give a police officer the right to break–in to a home, search, and seize anything because it is believed something bad is going on. A cop must get a warrant first, that is a warrant based on probable cause, not guesswork and hunches. Got it?

Read more at Mississippi Conservative Daily.

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