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Posts Tagged ‘community caretaking’

The Rutherford Institute :: Total Tyranny: We’ll All Be Targeted Under the Government’s New Precrime Program | By John W. Whitehead & Nisha Whitehead |

Posted by M. C. on May 20, 2021

This particular precrime division will fall under the Department of Homeland Security, the agency notorious for militarizing the police and SWAT teams; spying on activists, dissidents and veterans; stockpiling ammunition; distributing license plate readers;…

And you thought the DHS was created to PROTECT you! Thank Tom Ridge next time you see him.

Limp or stutter: As a result of a nationwide push to certify a broad spectrum of government officials in mental health first-aid training (a 12-hour course comprised of PowerPoint presentations, videos, discussions, role playing and other interactive activities), more Americans are going to run the risk of being reported for having mental health issues by non-medical personnel. Mind you, once you get on such a government watch list—whether it’s a terrorist watch list, a mental health watch list, or a dissident watch list—there’s no clear-cut way to get off, whether or not you should actually be on there.

https://www.rutherford.org/publications_resources/john_whiteheads_commentary/total_tyranny_well_all_be_targeted_under_the_governments_new_precrime_program

By John W. Whitehead & Nisha Whitehead

“There is now the capacity to make tyranny total in America.”― James Bamford

It never fails.

Just as we get a glimmer of hope that maybe, just maybe, there might be a chance of crawling out of this totalitarian cesspool in which we’ve been mired, we get kicked down again.

In the same week that the U.S. Supreme Court unanimously declared that police cannot carry out warrantless home invasions in order to seize guns under the pretext of their “community caretaking” duties, the Biden Administration announced its plans for a “precrime” crime prevention agency.

Talk about taking one step forward and two steps back.

Precrime, straight out of the realm of dystopian science fiction movies such as Minority Report, aims to prevent crimes before they happen by combining widespread surveillance, behavior prediction technologies, data mining, precognitive technology, and neighborhood and family snitch programs to enable police to capture would-be criminals before they can do any damage.

This particular precrime division will fall under the Department of Homeland Security, the agency notorious for militarizing the police and SWAT teams; spying on activists, dissidents and veterans; stockpiling ammunition; distributing license plate readers; contracting to build detention camps; tracking cell-phones with Stingray devices; carrying out military drills and lockdowns in American cities; using the TSA as an advance guard; conducting virtual strip searches with full-body scanners; carrying out soft target checkpoints; directing government workers to spy on Americans; conducting widespread spying networks using fusion centers; carrying out Constitution-free border control searches; funding city-wide surveillance cameras; and utilizing drones and other spybots.

The intent, of course, is for the government to be all-seeing, all-knowing and all-powerful in its preemptive efforts to combat domestic extremism.

Where we run into trouble is when the government gets overzealous and over-ambitious and overreaches.

This is how you turn a nation of citizens into snitches and suspects.

In the blink of an eye, ordinary Americans will find themselves labeled domestic extremists for engaging in lawful behavior that triggers the government’s precrime sensors.

Of course, it’s an elaborate setup: we’ll all be targets.

In such a suspect society, the burden of proof is reversed so that guilt is assumed and innocence must be proven.

It’s the American police state’s take on the dystopian terrors foreshadowed by George Orwell, Aldous Huxley and Phillip K. Dick all rolled up into one oppressive pre-crime and pre-thought crime package.

What’s more, the technocrats who run the surveillance state don’t even have to break a sweat while monitoring what you say, what you read, what you write, where you go, how much you spend, whom you support, and with whom you communicate.

Computers now do the tedious work of trolling social media, the internet, text messages and phone calls for potentially anti-government remarks, all of which is carefully recorded, documented, and stored to be used against you someday at a time and place of the government’s choosing.

In this way, with the help of automated eyes and ears, a growing arsenal of high-tech software, hardware and techniques, government propaganda urging Americans to turn into spies and snitches, as well as social media and behavior sensing software, government agents are spinning a sticky spider-web of threat assessments, behavioral sensing warnings, flagged “words,” and “suspicious” activity reports aimed at snaring potential enemies of the state.

It works the same in any regime.

As Professor Robert Gellately notes in his book Backing Hitler about the police state tactics used in Nazi Germany: “There were relatively few secret police, and most were just processing the information coming in. I had found a shocking fact. It wasn’t the secret police who were doing this wide-scale surveillance and hiding on every street corner. It was the ordinary German people who were informing on their neighbors.”

Here’s the thing as the Germans themselves quickly discovered: you won’t have to do anything illegal or challenge the government’s authority in order to be flagged as a suspicious character, labeled an enemy of the state and locked up like a dangerous criminal.

In fact, all you will need to do is use certain trigger words, surf the internet, communicate using a cell phone, drive a car, stay at a hotel, purchase materials at a hardware store, take flying or boating lessons, appear suspicious to a neighbor, question government authority, or generally live in the United States.

The following activities are guaranteed to get you censored, surveilled, eventually placed on a government watch list, possibly detained and potentially killed.

See the rest here

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president The Rutherford Institute. His books Battlefield America: The War on the American People and A Government of Wolves: The Emerging American Police State are available at www.amazon.com. He can be contacted at johnw@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.rutherford.org.

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Prepare: The Supreme Court Might Legalize Warrantless Gun Seizures | The Libertarian Institute

Posted by M. C. on February 11, 2021

https://libertarianinstitute.org/articles/prepare-the-supreme-court-might-legalize-warrantless-gun-seizures/

by Matt Agorist

Last week, the Free Thought Project reported on HR 127, the most tyrannical gun bill ever proposed. The bill would target the poor by forcing citizens to pay $800 per year to possess firearms that they are required to register. It also bans multiple legal guns and ammo types, turning tens of millions of Americans into felons over night. While this bill is, without a doubt, the worst gun bill in history, it didn’t lay out any guidelines for violating a citizen’s Fourth Amendment right. Next month, however, the Supreme Court will be considering exactly that—can cops enter a home to seize guns without a warrant?

That escalated quickly.

In March, the Supreme Court will hear the case of Caniglia v. Strom, which asks the question of whether the “community caretaking” exception to the Fourth Amendment’s warrant requirement extends to the home.

The community caretaker exception, has already been recognized as an exception to the Fourth Amendment by the United States Supreme Court. In Cady v. Dombrowski, 413 U.S. 433 (1973), the United States Supreme Court held that police officers did not violate the Fourth Amendment when they searched the trunk of a car that had been towed after an accident.

The Court acknowledged that, “except in certain carefully defined classes of cases,” police cannot search private property without consent or a warrant. It emphasized, however, that “there is a constitutional difference between houses and cars.” Since Cady, there has been a whole host of cases that took this holding and created the doctrine of “community caretaking.” Cady defined community caretaking activities as those “totally divorced from the detection, investigation, or acquisition of evidence relating to the violation of a criminal statute.”

In other words, as long as an officer might reasonably think that a warrantless search will alleviate a danger to the community, the search is considered constitutional. This was in vehicles, not homes.

While the caretaker exception has long been applied to vehicles, the idea of applying it to homes and allowing cops to seize guns without a warrant is worrisome. In an article from Forbes, the case of Caniglia v. Strom, is explained:

Mr. Caniglia was arguing with his wife and melodramatically put an unloaded gun on the table and said “shoot me now and get it over with.” His wife called a non-emergency number for the police who arrived shortly thereafter. The police disagreed about whether Mr. Caniglia was acting “normal” or “agitated” but they convinced him to take an ambulance to the local hospital for evaluation. The police did not accompany him.

While he was on his way to the hospital, Mrs. Caniglia told the police that her husband kept two handguns in the home. The police decided to search his home for the guns without obtaining a warrant. (Mrs. Caniglia’s consent to have the police search their home was legally negated because the police untruthfully told her that her husband had consented to the seizure of any guns.) The police located and seized the two guns. Mr. Caniglia sued for the violation of his 4th Amendment right to privacy and his 2nd Amendment right to keep handguns in the home for self-protection.

The case has been making its way through the courts, with the courts ruling in favor of warrantless searches. The federal court just below the Supreme Court, the 1st Circuit Court of Appeals ruled that it is fine and dandy for cops to warrantlessly search your home and take your guns because they need “elbow room” to provide safety.

“At its core, the community caretaking doctrine is designed to give police elbow room to take appropriate action when unforeseen circumstances present some transient hazard that requires immediate attention. Understanding the core purpose of the doctrine leads inexorably to the conclusion that it should not be limited to the motor vehicle context. Threats to individual and community safety are not confined to the highways,” the court wrote.

As Forbes points out, unlike the “exigent circumstances” and “emergency aid” exceptions, the community caretaking exception is not limited to circumstances where there is no time to apply for a warrant. And the question of what sort of caretaking falls under this exception is extremely vague. Will the police be able to use it to, for example, conduct warrantless searches of political protesters’ homes to make sure they aren’t planning on violent behavior at their next political rally?

We have already seen tech giants like Facebook hand over the private messages of those who talked about the events of January 6. If this ruling is upheld, it could pave the way for cops to raid the home of those who engage in peaceful discourse based solely on the premise that violence might happen.

President Biden has already labeled tens of millions of Americans who supported the pro-Trump rally in DC as “terrorists.”

Just a few weeks later and a DHS terror alert was issued for beliefs held by tens of millions of Americans like those who oppose lockdowns or who were upset over the outcome of the election. With the slippery slope of this case, these views could easily be included in the “elbow room” granted to police to carry out their “community caretaking” and subsequently raid homes and seize guns with no warrant.

Hopefully SCOTUS knocks down this ruling and cooler heads prevail. However, at the rate this tyranny is unfolding in 2021, that is not very likely.

This article was originally featured at The Free Thought Project

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