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There's no such thing (legally) as a warrant under court seal. If there is no warrant presented, and no warrant that can be gotten simply upon request by the s
by econgeeker 15y ago
There's no such thing (legally) as a warrant under court seal. If there is no warrant presented, and no warrant that can be gotten simply upon request by the searched party, then this was a warrantless search.
If it was a warrantless search, it was a crime, and every participant engaged in a felony (presuming they were armed.) US Code 18-242 makes it a felony to violate constitutional rights under color of law (while armed. If unarmed I think it is not a felony, a lower penalty applies.)
If the constitution is the highest law of the land then no subordinate organization (namely congress) can make a law that violates the constitution. Congress was authorized to make laws, and the government was given limited, enumerated powers in the enumerated powers section. If a particular law is not under and enumerated power, or involution of the constitution, it is never a valid law. The moment it is signed, it is null and void-- according the the supreme court in Mabury v. Madison.
Thus, a law authorizing a "court seal" for warrants, which violates the fourth ammendement, even if it exists, is null and void, and does not need to be struck down by any court to be null and void.
Without this law, without any presented warrant, the search is thus illegal, and every participant is a felon (if they were armed.)
I say all this to point out, just how far from obeying the law our government is.
Of course, it is absurd to expect that any prosecutor in the justice department will bring any of these people up on charges (presuming that an investigation reveals the facts to be as supposed in the context of this discussion.)
Since the government is not operating within the bounds of the law, the government doesn't have the protection of the law, and the government is, itself, a criminal organization (to the extend that the previous two clauses are true.)
Denial of this-- which is not really an opinion so much as legal fact-- is why americans are constantly surprised when things get worse and worse. (For instance: The TSA is not valid under the law, all of their searches are illegal. But nothing was done about them, so now they are molesting children in public.)
Things are going to get much worse until people start standing up to the government.