Page 230 - Beers With Our Founding Fathers

Beers with our Founding Fathers

suspended by, and revoked by the government and/or crown. This

was particularly true regarding justice. Proclamations, including
punishment for violations, were historically handed down by the

monarchs of the empires. Death was the most common
punishment – from adultery to treason.

Crime was not prevented during this era, it was responded to –
and that is true to this day. There are crime prevention programs

and responsibilities, such as patrol, but the duty of the police
remains to enforce the law, not protect. To enforce the law includes

arresting and punishing for crimes. This requires evidence gathering
and investigation. These require searching persons and property,

and collecting evidence. Seizing and searching people, places and
things. It is important to note that these are your rights and not the

governments’.
You have a right to be secure in yourself and possessions. Case

law has both expanded and limited this. For example, the curtilage
(property around your home) is part of your home, and your blood

and body fluids (i.e. for DNA) are part of your body – secure.
Warrants are needed to seize (arrest) you, search you, and seize

evidence. Not from a single warrant, but all require the protections
of applicable separate affidavits and warrants. For those, probable

cause must be established. Once a warrant is issued, justice is not
played out at your home or on the street – there is no arguing the

point (unless you are keen on additional charges). There are

warrantless arrests – such as a witnessed offense; and warrantless
searches – such as consequential (known as ‘incident’) to arrest.
These are limited in their scope and use.

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