Thursday, May 2, 2013

In the City of Paul Revere


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IT'S NOT THE BRITISH THAT ARE COMING

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What took place in Watertown was a general search,  the police had no 'reasonable suspicion' that the suspect was in any particular house,  nor did they have probable cause that he was in any particular house.  Now that things have calmed down a bit,  it would seem like a good opportunity to discuss this.

Constitution of the Commonwealth of Massachusetts Article XIV Every subject has a right to be secure from all unreasonable searches, and seizures, of his person, his houses, his papers, and all his possessions. All warrants, therefore, are contrary to this right, if the cause or foundation of them be not previously supported by oath or affirmation; and if the order in the warrant to a civil officer, to make search in suspected places, or to arrest one or more suspected persons, or to seize their property, be not accompanied with a special designation of the persons or objects of search, arrest, or seizure: and no warrant ought to be issued but in cases, and with the formalities prescribed by the laws.  

Constitution of the United States, Fourth Amendment:  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

“Out started six officers, seized my bridle, put their pistols to my breast, ordered me to dismount, which I did. One of them, who appeared to have the command there, and much of a gentleman, asked me where I came from; I told him. He asked what time I left . I told him, he seemed surprised, said ''Sir, may I crave your name?'' I answered ''My name is Revere.”

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