Government Exceptions to the 4th Amendment; Where are they?

Judges these days seem just fine with allowing the government exceptions to the 4th Amendment. That doesn’t surprise me, I went to law school.

featured-380-4th-amendmentI know that law schools DO NOT teach the Constitution…they teach CONSTITUTIONAL LAW. Those are not the same things. Constitutional Law classes teach that men and women in black robes know more about the Constitution than the men who wrote it. They also teach that these same black-robed constitutional illiterates can rewrite the Constitution through precedent and opinions based on their erroneous law school education.

According to the 4th Amendment we are not free from ALL search and seizures, just UNREASONABLE ONES. But the term “unreasonable” is no mystery. It is clearly defined within the 4th Amendment.

Amendment IV

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.

A careful review of the 4th Amendment tells us everything we need to know.

  • The right against unreasonable searches and seizures SHALL NOT BE INFRINGED.

The 2nd Amendment is NOT the only provision that contains these words. The government has been infringing upon the 2nd Amendment for decades, so why are we surprised that the 4th Amendment would get the same government application?

  • Only REASONABLE searches and seizures are allowed and are defined within the 4th Amendment:
  • With a WARRANT;
  • Based upon PROBABLE CAUSE;
  • Subject to DUE PROCESS REVIEW (oath or affirmation);
  • Particularly describing the PLACE to be search, AND
  • Particularly describing the PERSONS or THINGS to be seized.

There is clearly a 5 prong requirement as indicated by the word “AND”. You cannot have 4 out of 5 or 3 out of 5 and still have a reasonable search and seizure.

I challenge anyone to find within this language any other exception other than the 5 prong test. You can’t, because every exception that doesn’t exist within the 4th Amendment itself, is an exception created BY THE GOVERNMENT for the purpose of AIDING THE GOVERNMENT in their unreasonable searches and seizures.

There is no language in the 4th Amendment that says;

“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, UNLESS it is a matter of national security or the government has a compelling interest in safety or security to do otherwise.

Yet, that is what our judges consistently do, being either illiterate or ignorant to the TRUE MEANING and APPLICATION of the 4th Amendment.

The 4th Amendment WAS NOT designed as a tool to be used by the GOVERNMENT to keep its people safe. It was a WARNING to the PEOPLE that if the government engages in ANY SEARCH AND SEIZURE outside these bounds, you have an EVIL AND OPPRESSIVE government.

Such warrantless searches were perpetrated upon our founders in the form of Writs of Assistance. James Otis, Jr., an attorney who took on the government to defeat these searches, called these searches “the worst instrument of arbitrary power, the most destructive of English liberty and the fundamental principles of law, that ever was found in an English law-book.” (Against Writs of Assistance, James Otis, Jr. February 24, 1761)

What has happened to Liberty in the last 252 years? We have allowed our FEAR to trump our LIBERTY. Our founders worked very hard to create a federal government that would be locked in a limited and defined box. We, their descendants, have turned around and handed the government the keys.

Exigent circumstances, roadside check points, national security, officer safety, are EXPANSIONS of government power; written by government paid lawyers, allowed by government paid judges, and used by government paid agents.

We have succumbed to the fear factor: Trading Liberty to keep us safe is the primary role of government. No, it is not. The primary role of government is NOT national security, it is, as the Constitution clearly mandates, Liberty Security, as in to “Preserve the Blessings of Liberty to ourselves and our Posterity.”

“Necessity is the plea for every infringement of freedom. It is the argument of tyrants. It is the creed of slaves.” No truer words were ever penned by William Pitt. However, here we are today accepting the government’s argument of necessity. Out of ignorance and arrogance, fueled by fear, we do not see they are revealing themselves to be tyrants and we are allowing OURSELVES to be slaves.

I Will Never Give Up

Looking back at 2013, we held 265 meetings in 22 states in 21 middle school, high school and college classes. Many ask me about running for office but if I were to run for office anywhere, the establishment Republicans will try to destroy me, terrorize my family, but if God wants me to be in office I’ll do it. But right now we already have 100 meetings scheduled for 2014 and we have so many things scheduled and planned to increase the reach of the Liberty First message.  A multi-media website, podcasts on iTunes, a mobile app and it’s all because of you. Looking back however, one thing I can say about 2013 is that I’ve drawn a line in the sand. I am taking personal responsibility in this battle for liberty and we’ll do this or we’ll die trying. I won’t give up, I won’t stop.

This episode of the KrisAnne Hall show is available on YouTube by clicking here.

Shaking my Duck Dynasty Head

Christians all over the country are standing with Phil Robertson, protesting A&E Why? A&E is exercising their liberty? Their doing what they believe is best for A&E. Besides Duck Dynasty is so wildly popular they shouldn’t have any problem finding another network. This is liberty and we as liberty loving patriots need to understand this. Why do these Christians want Duck Dynasty back on a network that supports an ideology totally contrary to what they believe! Why? Wouldn’t it be great if we could get the same people to unite and engage their government about liberty! Do you see what I’m saying?

This episode of the KrisAnne Hall Show is also available on YouTube by clicking here.

Hot Air & Political Parties

We like our parties because we can point fingers and ascribe blame. But you see both parties are lying to you. Both parties are lying, both parties are stealing and both parties think that will make you vote for them! Really? Seriously? I’m just asking when we’re going to wake up to this? I spoke to my Representative after the vote on the budget bill and told him I’m done with you. I sent a text actually and he called me and gave me the low down on the political strategy. Political strategy? I told him that when you apologize for this that I’ll vote for him. He knew that we were going to cut benefits for disabled veterans. But the defense contractors will still get theirs. Why do you think? Follow the money! I do.

Click here to stream this episode of the KrisAnne Hall show from YouTube. 

The Truth of History

Those who do not know their history are doomed to repeat its mistakes and you have to know that the enemies of liberty are absolutely jubilant by denying us history. I understand that knowledge of past history, say what happened 200 years ago is unknown, but how do we as people forget about something that happened two months ago. Case in point, Eric Holder. Eric Holder needs to be impeached and the house resolution is still out there and I want to remind you that you need to letter bomb your Representative. They need to be reminded that this bill is still out there, but it seems to be out of sight and out of mind. But that’s not all. I’m going to also share with you the FBI precrime unit. Interested?

This episode can also be heart on the KrisAnne Hall YouTube Channel

It's About Liberty!

The liberty we enjoy today has been bought by the blood, sacrifice and toil of those who have come before us. Thomas Pain said, “Give me liberty or give me death!” He did not say, give me national security, prosperity, wealth, or whatever. John Adams said; “Liberty must be supported at all hazards.” This liberty we’re charged with defending is not our own. It belongs to those who are yet to come. Future generations will look back on us with disgust and intent of our liberty failures. If we really want to restore Americas prosperity we must recognize what brought us to where we are today. Today’s message may not make a lot of people happy. Especially the teachers union or anyone involved with government educational system.

Show Koerner

New American Version~My Country 'Tis of Thee

my-country-tisAfter learning that our 113th Congress voted to pass a budget that would actually increase spending with only a promise of cuts over the next 10 years, pushing our Posterity further into debt, I penned the words to this song. I give you permission to SHARE the audio and written lyrics with proper credit. Thank you for helping me share my heart.

My country ’tis of thee,

Sweet land of Economy,

Of thee I sing.

Land where NSA does spy!

Land where our freedom died!

From Congressmen who lied,

Let Budgets Ring.


My native country thee,

Land of the shopping spree,

Thy revenue I love.

I love thy welfare fills,

They dark green fiat bills;

My heart with rapture fills

For the federal gov.


Let free stuff swell the breeze,

And fall from all the trees

Sweet Congress song.

Let socialists awake;

Let all that breathe partake;

Let Marxists their silence break,

Servitude prolong.


Our father’s God to, Thee,

Author of Liberty,

To Thee we sing.

When will our land be bright

With freedom’s holy light;

Purged from this soulless blight,

Great God, our King!


My only closing words are not my own, but those of Samuel Adams.

“If ye love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may posterity forget that ye were our countrymen.”
Samuel Adams

Budget Nonsense

The house is getting ready to vote on the budget bill.  Normally when we sit down and do a budget we create logical working budgets. We look at how much we spend, how much we make and then make plans accordingly. Most people look at real revenue rather than accounting for lines of credit from our credit cards. Most of us want to pay down our debt, rather than incurring additional debt or having to rely on lines of credit to make ends meet. This is not the way our government thinks however. So why are they telling us that this budget is a great deal? Listen in and get the details.

Budget Nonsense is available to be listened to on YouTube.

How You Know Who They Really Are

Yesterday I spoke about Trey Goudy, the Representative from South Carolina and how it appears as if he and other Republicans are choosing to let Obama Care crash and burn rather than working to defund it, even though they could do so if they wanted. If this is their plan it’s disgusting and that will be played out at the cost of American prosperity and lives. The post that I published on Facebook about this has been shared thousand of times and I am stunned at the defense of Trey Goudy with people declaring that he is a good guy and how the Republicans are going to come in and save us. I don’t care what he does during a campaign, I want to know what he says when he’s put to the test and challenged. This is how you will know who they are.

This episode is also available on YouTube

Republicans to the Rescue?

There’s a big asteroid coming our way called Obama Care and when it hits I guarantee you it will not be pretty and the Republicans have the power to take it out but they wont. Trey Gowdy, a Republican representative from South Carolina has given hint to the Republican strategy. Seems they’re choosing to let it crash and burn and then come to the rescue. They have the power to defund Obama Care under Article 1 Section 7, but they would rather be able to say I told you so. What about the people who will lose their homes and jobs. This is strategy that is morally bankrupt and if this is what they really are doing it is not OK with me. Is it with you. Listen in as it gets worse.