by Big Dog on Nov 17, 2007 at 09:15 General
Some groups are up in arms (pardon the pun) because the Boston police want to search homes for guns without a warrant. On the surface this sounds like a bad thing and if this were the whole truth it would be. The article goes on to describe that police want to search homes without a warrant after asking permission from the homeowner. If a police officer asks if he may search your home and you say yes he does not need a warrant. You are free to say no.
I will admit that the plan to search children’s bedrooms has flaws. The idea is that parents are so fed up and afraid of the gun violence that they will allow the searches and a warrant will not need to be obtained. In order to get a warrant the police would need probable cause, if they ask the homeowner and are allowed to search they do not need the warrant or probable cause. I would not allow the police to search my home without a warrant. I have nothing to hide but I will not give them access without probable cause and they need that to get a warrant. What will happen to the homeowner if they have other illegal items? Suppose they illegally copy DVDs and they are in the open? A warrant would specifically state what is to be searched and what they may look for. If the homeowner lets them in they can arrest for anything they find. I don’t condone illegal activity but I do not condone bypassing the rights people have. Of course, if someone is not bright enough to know his rights or to exercise them, perhaps he gets what he deserves. In any event, using fear to search a house is not a good way to conduct business.
The bigger issue here is why are there so many illegal guns in Boston and why are there so many shooting? Massachusetts has very tough gun control laws and the gun grabbers all tell us that the way to get guns off the streets by having these kinds of laws. If they are correct then there should be very few guns and very little gun violence. Perhaps there is some realization that criminals do not obey the law. As Thomas Jefferson noted in his Commonplace Book (quoting Cesare Beccaria), ‘Laws that forbid the carrying of arms… disarm only those who are neither inclined nor determined to commit crimes… Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.’ [Federalist Patriot]
So how do so many guns end up in a state or a city in that state when the gun control laws are so strict that people get jail time for having BB guns? Obviously those who have little or no regard for the rule of law will not follow the law.
There are two issues here. Should the police be allowed to search without a warrant? No, unless of course the homeowner gives permission and only a fool would do that. Secondly, why is there a problem if gun control laws really work?
The founders recognized that we had an inherent right to carry arms in order to defend ourselves against invaders, the lawless and a tyrannical government. This is undeniable and clearly explained in their writings on the issue. We are also protected against unlawful search and seizure so it would be in the best interest of Boston homeowners to just say no…
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