Crossville Chronicle, Crossville, TN

Glade Sun

March 13, 2013

Scout Report: Lookin’ for stuff in all the wrong places

CROSSVILLE — The Fourth Amendment reads as follows:

"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."

The origins of the Fourth Amendment, like most others in the Bill of Rights, can be traced back to 17th and 18th century English common law. The Fourth Amendment expounds upon the idea that every human being is a sovereign creature. Sovereignty is supreme authority; for mortal men, there can being no higher cause than that of life and death. Each individual is therefore responsible for their own life, and no one has the right to violate that covenant. The Fourth Amendment is based on the principle that a person's home is their castle; it is their safest refuge, protecting them from the elements and attack. This idea, in the legal sense, first came from Sir Edward Coke (pronounced Cook). In the 1604 Semayne's Case, the judge, Sir Edward Coke, ruled that, "The house of every one is to him as his castle and fortress, as well for his defence against injury and violence as for his repose." This definition lends an extension of the vessel of sovereignty to that of property. Property becomes an extension of the body. Within the confines of a home, a person has supreme authority and a reasonable expectation of safety. To invade upon that home then, without invitation, is a hostile act. It denies sovereignty. It is a declaration of dominion, meaning, if I can come into your house anytime I want, against your will, I am more powerful than you. You are at my mercy. If you are at my mercy, then you are not free. Private property rights are inseparable tenets of a free society.

In the 1760s, there were three very important cases that influenced the Founding Fathers. Two of the cases were English and are usually treated as a pair. Both Wilkes v.. Wood and Entick v. Carrington dealt with pamphleteers charged with seditious libel for criticizing the crown. 

In the former, John Wilkes (not to be confused with the assassin) was a member of Parliament who had been printing anonymous pamphlets criticizing the king. The king issued general search warrants, allowing Mr. Wood to search for the authors, printers and publishers of seditious and treasonable materials. Under this "roving commission," the authorities arrested 49 people in three days, sometimes taking them from their beds in the middle of the night. The actual printer was caught in the roundup, and he subsequently gave Wilkes' name up. Mr. Wood and his minions forced their way into Wilkes' house, broke his locks and took some of his belongings. This was cause for legal action. In court, Wilkes won the decision. The judge declared the search illegal, noting it was "totally subversive of the liberty of the subject… [and] of the most dangerous consequences."

Entick v. Carrington was virtually identical to the Wilkes case. Lord Camden, the Chief Justice in the case made this famous statement:

"The great end, for which men entered into society, was to secure their property. That right is preserved sacred and incommunicable in all instances, where it has not been taken away or abridged by some public law for the good of the whole. The cases where this right of property is set aside by private law, are various. Distresses, executions, forfeitures, taxes etc. are all of this description; wherein every man by common consent gives up that right, for the sake of justice and the general good. By the laws of England, every invasion of private property, be it ever so minute, is a trespass. No man can set his foot upon my ground without my license, but he is liable to an action, though the damage be nothing; which is proved by every declaration in trespass, where the defendant is called upon to answer for bruising the grass and even treading upon the soil. If he admits the fact, he is bound to show by way of justification, that some positive law has empowered or excused him. The justification is submitted to the judges, who are to look into the books; and if such a justification can be maintained by the text of the statute law, or by the principles of common law. If no excuse can be found or produced, the silence of the books is an authority against the defendant, and the plaintiff must have judgment."

The third case was the Writs of Assistance Case took place in the colonies. The British wanted to stop smuggling in Boston, so customs inspectors were issued blanket search warrants, called writs of assistance. The writs not only allowed them to search anywhere, they also compelled private citizens to help them carry out the searches. A group of local merchants sued but lost the case.

Our nation was founded on the principle of freedom. In order to be free, every citizen must be treated as a sovereign entity. While we all must give up some rights in order to be part of a peaceful society, allowing government agents to come into our homes, at their pleasure, is not consistent with the idea of sovereignty. Moreover, it goes against our framework.

Text Only
Glade Sun
  • Pats big day - Jensen photo.jpg FFG Resident Services presents painting to the Pat Summitt Foundation

    A dramatic portrait of Pat Summitt, painted by Chuck Jensen, was presented to the Pat Summitt Foundation by Fairfield Glade Resident Services at its Community Information Event on memory care.

    July 23, 2014 1 Photo

  • FFG Rotary district gov1.jpg Rotary District Governor visits Glade Rotary Club

    The Fairfield Glade Rotary Club welcomed Rotary District Governor Jerry Wear from Pigeon Forge.

    July 23, 2014 2 Photos

  • 'Anything Goes' to benefit Resident Services

    In olden days, a glimpse of stocking was looked on as something shocking, but now heaven knows, Anything Goes.

    July 23, 2014

  • Simms work on display beginning Aug. 3

    From Aug. 3 to Aug. 29, the Cumberland Art Society (CAS) will exhibit original creations by award-winning artist John Simms, who is internationally recognized as a Master Portrait Painter. The Creating Tomorrow’s Heirlooms exhibit will feature fine art in oil, acrylics, watercolors and charcoal. Please plan to meet Simms from 1 to 4 p.m. on Sunday, Aug. 3, at the CAS Backdoor Gallery, 186 S. Walnut St. in Cookeville.

    July 23, 2014

  • Read the latest edition of "The Bulletin"

    The Crossville Chronicle-Glade Sun also publishes a newsletter called "The Bulletin" in which you'll find a schedule of Glade activities and events, a restaurant and dining guide, golf information, and even tour schedules. Click here for the latest PDF edition of "The Bulletin."

    April 21, 2010 1 Link

  • Rafael 4.jpeg.jpg 'Wild Man' debuts at Palace Aug. 23

    "He's cool!" "He's famous!" "He's awesome!" "He's an icon!" "Ladies love him!" And, "He's Wild!"
    Crossville's own Wild Man Billy Ralph, Rafael R. Soriano, known for his signature song "The Dark Stranger," is making his debut appearance at the Palace Theatre Aug. 23.

    July 23, 2014 1 Photo

  • FFG Garden scholarships1.jpg FFG Garden Club presents five students with scholarships

    The Fairfield Glade Garden Club, in conjunction with members of the 1st National Bank of Tennessee, honored three returning students and two new students with scholarships as they continue their agricultural and horticultural education in their selected fields.

    July 23, 2014 1 Photo

  • Normandie 2010 014.jpg Faith Bible Fellowship welcomes missionary musicians July 27

    Longtime French radio program producers and musicians, Daniel and Francoise Dossmann have lived through many transitions throughout their lives. Thirty years ago, they traveled from France to Ecuador to serve as missionaries with HCJB Global, (now Reach Beyond). After 17 years in Quito, Ecuador, they began a new phase of ministry in the West African country of Cote d’Ivoire. At the end of 2004, a civil war erupted and a mandatory evacuation ensued.

    July 23, 2014 1 Photo

  • Abacus Column: Fairfield Glade golf courses — a product of talent, desire and commitment

    On a recent Friday morning, a friend and I were playing the back nine of Dorchester Golf course. At the tee box on the unique par three 13th Hole, we met a young gentleman named Rob Krumple. Rob is a course maintenance employee reporting to Dorchester Superintendent Mike Wilson. My friend and I often comment about the excellent condition of our courses and since we had opportunity to pass a compliment on to Rob, we did.

    July 23, 2014

  • rotary0039.jpg Rotary Club presents scholarships


    July 23, 2014 4 Photos

Marketplace Marquee
Must Read
Section Teases
Seasonal Content
AP Video
Power to Be Restored After Wash. Wildfire Crashed Air Algerie Plane Found in Mali Israel Mulls Ceasefire Amid Gaza Offensive In Case of Fire, Oxygen Masks for Pets Mobile App Gives Tour of Battle of Atlanta Sites Anti-violence Advocate Killed, but Not Silenced. Dempsey: Putin May Light Fire and Lose Control Arizona Prison Chief: Execution Wasn't Botched Calif. Police Investigate Peacock Shooting Death Raw: Protesters, Soldiers Clash in West Bank Police: Doctor Who Shot Gunman 'Saved Lives' 'Modern Family' Star on Gay Athletes Coming Out MN Twins Debut Beer Vending Machine DA: Pa. Doctor Fired Back at Hospital Gunman Raw: Iowa Police Dash Cam Shows Wild Chase
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Weather Radar
2014 Readers' Choice
Graduation 2014