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Ventura May Stop TSA Violations With His 4th Amendment Lawsuit

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February 9, 2011: Jennifer Abel / Guardian - February 1, 2011

Things have come to a pretty pass if our best hope is a former pro wrestler’s lawsuit against the TSA’s violations of privacy…

Desperation is when once-proud and free Americans like me are reduced to pleading, “Save us, Jesse Ventura, you’re our only hope.”

It’s over three months now since the unelected political appointees heading the TSA made their sexually abusive Hobson’s choice mandatory for American airline customers: either step through a scanner whose potentially cancerous radiation lets TSA agents view your nude body, or adopt guilty-criminal, hands-in-the-air poses, while agents grope you head to toe, genitalia included.

Two months since Homeland Security Secretary Janet Napolitano suggested expanding this to all forms of mass transit. Eight weeks since the House of Representatives voted 417 to 3 in favour of House Resolution 28, supporting exactly that TSA expansion. And mere days since Barack Obama joked about the patdowns in his state of the union address. (Easy for him to laugh, as one of the privileged few exempt from the humiliations TSA imposes on his countrymen.)

What about the rest of us Americans? I’m one who insists, along with others, “We won’t fly”, so long as TSA abuse remains part of the experience. Yet much of the media insists that makes us stubbornly selfish at best, prudishly insane at worst.

Then, there’s Jesse Ventura, the former pro wrestler and Reform party governor of Minnesota. He doesn’t belong to the “boycott flying” contingent; indeed, he flies several times each week in order to host his TV show, Conspiracy Theory. But Ventura, like millions of Americans, has health problems that force him to rely on medical implants or prosthetics – in his case, a titanium hip replacement that’s set off metal detectors ever since he got it in 2008.

Ventura had no objections when the TSA used a handheld wand to clear him through security, but that changed with the “nude-scan or grope-down” policy last autumn. So, on 25 January 2011, he filed a lawsuit against Homeland Security and TSA for violating his fourth amendment rights against unreasonable search and seizure, claiming the patdowns “exposed him to humiliation and degradation through unwanted touching, gripping and rubbing of the intimate areas of his body.”

No comment from the TSA, though, a few days later, Administrator John Pistole made the unrelated announcement he won’t allow any more airports to opt out of TSA staffing.

Though they did blink last Thanksgiving eve, when the National Opt-Out Day protest was scheduled; the plan called for fliers to refuse the scanners en masse, so the TSA turned them off at major airports. Then, spokeswoman Ann Davis gloated over her “overall sense that passengers seem to be opting out of Opt Out.” The agency has since refused all freedom of information requests demanding to know why those allegedly essential security procedures were ignored on Opt-Out Day.

Meanwhile, we learned that the scanners can’t discern between “plastic explosives” and “human flesh”. The TSA has yet to find a single terrorist, though they have no difficulty detecting menstruating women, or cancer patients with colostomy bags, or prosthetic breasts.

When gropings make small children scream in terror, TSA director James Marchand advised agents, “If you can come up with some kind of a game to play with a child, it makes it a lot easier” – advice, akin to paedophile “grooming”, which has caused alarm among sex abuse experts.

The lawsuits keep coming; the TSA keeps losing, yet the agency presses ever forward rather than backing down. It’s too early to predict how Ventura’s lawsuit will be decided, although the TSA hasn’t been faring well in court lately: last week, Phil Mocek was acquitted of the four charges the TSA brought against him after he (legally) videotaped agents at work and refused to show his ID. TSA’s case was so weak, Mocek’s defence didn’t even need to call witnesses. Two weeks before that, the TSA settled another lawsuit brought by Lynsie Murley, after agents in Texas allegedly pulled down her blouse, exposing her breasts to all, then teased her about it.

American taxpayers – who actually paid for that settlement – weren’t told how much it was for. TSA spokesman Luis Casanova also refused to name the agents responsible, but did say they hadn’t been fired or disciplined. “When a settlement is reached, there is no disciplinary action,” Casanova said. “It’s a no-fault kind of settlement.”

It always is where the TSA’s concerned.

Jesse Ventura Files Lawsuit Against TSA And DHS

The Tonka Report Editor’s Note: Why the TSA is being tolerated by Americans is beyond me! - SJH  

Link to original article below…

http://www.guardian.co.uk/commentisfree/cifamerica/2011/feb/01/tsa-jesse-ventura-patdowns

America Through The Looking Glass: Journey On A Greyhound Bus

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January 8, 2011: Steven John Hibbs / The Tonka Report (TTR) – January 8, 2011

Rather than get porno scanned or sexually molested by the TSA, I decided to take a Greyhound bus cross-country. This was the first leg of my four part 5000 mile journey… I was shocked at how many people were traveling by bus nearly a week after the New Year. The stations were packed, there were numerous delays, buses were sold out, and extra buses and drivers had to be called in at nearly every stop in order to accommodate the overload in what Greyhound continually apologized for by saying it was due to the end of the holiday travel season.

However, with the exception of a group of soldiers whom I’ll mention later, not one person ever mentioned to me, nor did I overhear anyone say, that they were returning home from the holidays. They were all going somewhere. Did they opt to ride instead of fly due to the TSAs unconstitutional police state tactics? Because the savings to take Greyhound were insignificant compared to flying at the time.

Anyway, having crisscrossed America countless times, I couldn’t help but notice on this trip just how rundown and seemingly desolate so many of the cities and towns appeared to be that we had either passed by while on the highway or when we actually stopped in a town that was a scheduled stop. It eerily reminded me of Atlas Shrugged by Ayn Rand… “Who is John Galt?”

Maybe part of it was that I was not flying at 30,000 feet or preoccupied with actually driving myself, and maybe it was also due to the fact that there was no snow anywhere and thus everything and everywhere was a dreary and brown painting of bare desolation.

If my recollection serves me correctly, this may have been the only time I had ever traveled between the upper Midwest and the far Southeast in January and saw no snow along the entire trip, even though it was unseasonably cold all the way down to Florida. But there was more to it than that.

The highways were typically strewn with litter, mostly old food packages, tossed out coffee and soda cups, plastic bags, beer cans and broken bottles which all stood out on the barren landscape like beacons of poverty atop the lifeless terrain. And every so often a handmade cross with a name written on it had been erected marking the death of yet another unfortunate motorist along the roadside.

Dilapidated billboards advertising their outdated products or services from days long past left a lasting image of a once thriving country now succumbing to decay, as did the countless empty shops and store fronts in the strip malls along the way.

On occasion there was a glimmer of hope with fleeting signs of some semblance of a bygone American quality of life as I noticed a spattering of golfers hitting the links, which more resembled poorly designed martian landscapes in a low-budget sci-fi movie in the January emptiness of vacant dormancy.

Heading up into the carved out mountains of Tennessee showed evidence of once great engineering feats from decades ago. A time when America still actually created and built things. Today this country only builds insurmountable debt and poverty while creating nothing but unending wars and destruction.

The mountains were also surprisingly absent of any snow, even as giant icicles dangled from the cliff sides as we passed through the man-made canyons as potholes continually rocked the bus with bone jarring jolts. Another sign of perpetual decay in an America that once stood as a pillar of progress and ingenuity. A country the world round that others once strived to emulate, is now a skeleton of greed.

The sky is no longer the deep dark blue of my youth, but rather the all too typical milky white haziness we have all become so accustomed to as chemtrails slashed the sky with their poison that were clearly visible literally every mile along the way until the leaking horizon kissed the ocher earth.

The stars overhead in Georgia however were unusually bright, until you looked down to 45 degrees from the horizon where they disappeared behind the manufactured wax paper that now shrouds the atmosphere in a ghostly white. The bus rolled on… “I said be careful his bowtie is really a camera.”

On one of the buses there was a group of Army recruits returning from the holidays to Ft. Benning outside of Atlanta to complete their basic training. While having a smoke at one of the stops somewhere in Tennessee, or maybe it was Kentucky, I told them about the notorious School of Assassins (School of America’s) at Ft. Benning.

The young men, most just boys really, looked at me sheepishly and repeated a phrase that all of us who have served in the military have heard before… “We don’t know anything. We’re on a need to know basis.” I laughed, told them I was a former Marine and that I understood completely.

I then went on to say that I wanted them all to remember one thing during their tour of duty, “Remember the oath you all took… to uphold and defend the Constitution of the United States of America against both foreign and domestic enemies.”

I then said, “There’s a lot of bad guys running this country.” Most were silent, but a few chimed in in unison and said, “We know.”

They were all seemingly good kids, much like I was at that age when I joined, but if deployed to Iraq or Afghanistan, they will invariably return vastly different, if at all, than the innocence I encountered during our journey that day.

While traveling through Florida I engaged in a fascinating conversation with a gentleman who admitted to being a Master Mason after I brought up Freemasonry and the Illuminati while in another conversation about the Bible with someone else. I was pleasantly surprised with his knowledge concerning the Masonic and Illuminati symbology on the back of the dollar bill, as well as many other aspects of secret societies and the New World Order.

We talked for hours while several others listened intently as we discussed everything from Project Blue Beam to the Bible to the Federal Reserve to the slaughter of Palestinians by Israel and a number of other related topics as the bus rolled on from Ocala to Orlando at three something in the morning. I hope a seed was planted amongst them who were listening. That is how liberty grows.

Finally, in Orlando, America reared its ugly police state fascism during a four hour layover before heading to Melbourne. I had just traveled via Greyhound through six states, totaling 31 hours at that point with no searches or violations of my Fourth Amendment.

I walked in the station from the bus platform, put the bulk of my luggage at my next departing gate, then walked past two gun toting rent-a-cops searching incoming passengers from the front entrance and walked out to the smoking area with my laptop and another small back pack.

I had a smoke and walked past the people in line being searched, since I had obviously already been in the “secure” zone, when the shortest of the two rent-a-cops told me to stop and go to the end of the line to be searched.

I said that I had just walked out to have a smoke, when he repeated in a contemptuous tone to get back to the end of the line. Needless to say, after 31 hours of riding buses, I was incensed at this point. I waited nearly 20 minutes before it was my turn to empty my pockets into a tray, place my laptop and bag on a table, then stand spread eagle as I was wanded both front and back, then asked to remove my hat.

The shorter of the two rent-a-cops, who was the officer in charge of this Stasi checkpoint, had that typical psychopathic attitude of superiority burning in his napoleanic eyes. He rifled through my personal belongings in both bags, then checked the contents of the tray, including looking inside my cigarette pack.

Afterward, when nothing of interest was found and my bags and the tray were handed back to me, I asked this little prick, “So, are you going to do this every time I go out to have a smoke during the next four hours?” He responded flatly, “Yes.”

I then said in a rather authoritative tone, “So what you’re telling me is that I can’t smoke while I wait here for the next four hours until my bus arrives without getting searched every time I come in… Correct?”

“No, go ahead and smoke. We’ll just leave you out there until the end when we’re done searching everyone else…Do you have any knives?” “Nope.” I answered just as flatly as he had earlier. “Do you have any drugs?” “Nope.” I took my belongings and walked away letting him clearly know by my glare of contempt and disgust that I was not at all pleased with this unconstitutional treatment.

This blatant violation of my Fourth Amendment happened two more times during the course of four hours with this little jackboot Nazi piece of shit searching me again and again each time I came back in from having a smoke.

The last time I was out smoking, I had just returned from getting a cup of coffee across the street, when this simpleton with a badge and a gun came up behind me outside and said, “I don’t believe I checked your ticket.” I said, “What? You saw it twice when I put it in the tray.”

He said, “I just did a ticket check of all the passengers inside and I did not check yours.” At this point I just pulled out my ticket and handed it to him. He inspected it, handed it back and turned to go inside where I was then promptly searched for the third time when I re-entered the station.

During the entire four hours I was inside the Orlando bus station, I just glared at him as he would periodically march around the area with all the self importance of an SS officer while always glancing over my way. So, I thought I would have a little fun…

I kept moving around to see if he was purposely watching me, and each time I moved he would look around to see where I was, and each time he did he was met with a glare until he would finally turn away. When he did, I would move again. These are the punks who are supposedly keeping us safe from the invisible boogeymen lurking amongst us? Welcome to Amerika!

I got on my bus without further incident, and when I arrived in Melbourne, a Limo service was awaiting to take me to my final destination on this leg of the journey.

It truly was sad as I peered out at America through the looking glass, a country I once honorably served as a US Marine and yet no longer recognize… - SJH

2011 – America’s Future Is The Dystopian World Of Winston Smith

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January 1, 2011: Dr. Paul Craig Roberts / Rense.com – December 31, 2010

2011 is upon us! - SJH

The year 2011 will bring Americans a larger and more intrusive police state, more unemployment and home foreclosures, no economic recovery, more disregard by the U.S. government of U.S. law, international law, the Constitution, and truth, more suspicion and distrust from allies, more hostility from the rest of the world, and new heights of media sycophancy.

2011 is shaping up as the terminal year for American democracy. The Republican Party has degenerated into a party of Brownshirts, and voter frustrations with the worsening economic crisis and military occupations gone awry are likely to bring Republicans to power in 2012. With them would come their doctrines of executive primacy over Congress, the judiciary, law, and the Constitution and America’s rightful hegemony over the world.

If not already obvious, 2010 has made clear that the U.S. government does not care a whit for the opinions of citizens. The TSA is unequivocal that it will reach no accommodation with Americans other than the violations of their persons that it imposes by its unaccountable power. As for public opposition to war, the Associated Press reported on December 16 that “Defense Secretary Robert Gates says the U.S. can’t let public opinion sway its commitment to Afghanistan.” Gates stated bluntly what has been known for some time: the idea is passe that government in a democracy serves the will of the people. If this quaint notion is still found in civics books, it will soon be edited out.

In Gag Rule, a masterful account of the suppression of dissent and the stifling of democracy, Lewis H. Lapham writes that candor is a necessary virtue if democracies are to survive their follies and crimes. But where in America today can candor be found? Certainly not in the councils of government. Attorney General John Ashcroft complained of candor-mongers to the Senate Judiciary Committee. Americans who insist on speaking their minds, Ashcroft declared, “scare people with phantoms of lost liberty” … “aid terrorists” … “diminish our resolve,” and “give ammunition to America’s enemies.”

As the Department of Justice (sic) sees it, when the ACLU defends habeas corpus it is defending the ability of terrorists to blow up Americans, and when the ACLU defends the First Amendment it is defending exposures of the lies and deceptions that are the necessary scaffolding for the government’s pretense that it is doing God’s will while Satan speaks through the voices of dissent.

Neither is candor a trait in which the American media finds comfort. The neoconservative press functions as a propaganda ministry for the hegemonic American empire, and the “liberal” New York Times serves the same master. It was the New York Times that gave credence to the Bush regime’s lies about Iraqi weapons of mass destruction, and it was the New York Times that guaranteed Bush’s re-election by spiking the story that Bush was committing felonies by spying on Americans without obtaining warrants. Conservatives rant about the “liberal media” as if it were a vast subversive force, but they owe their beloved wars and cover-ups of the Bush regime’s crimes to the New York Times.

With truth the declared enemy of the fantasy world in which the government, media, and public reside, the nation has turned on whistleblowers. Bradley Manning, who allegedly provided the media with the video made by U.S. troops of their wanton, fun-filled slaughter of newsmen and civilians, has been abused in solitary confinement for six months. Murdering civilians is a war crime, and as General Peter Pace, Chairman of the Joint Chiefs of Staff, said at the National Press Club on February 17, 2006, “It is the absolute responsibility of everybody in uniform to disobey an order that is either illegal or immoral” and to make such orders known. If Manning is the source of the leak, he has been wrongfully imprisoned for meeting his military responsibility. The media have yet to make the point that the person who reported the crime, not the persons who committed it, is the one who has been imprisoned, and without a trial.

The lawlessness of the U.S. government, which has been creeping up on us for decades, broke into a full gallop in the years of the Bush/Cheney/Obama regimes. Today the government operates above the law, yet maintains that it is a democracy bringing the same to Muslims by force of arms, only briefly being sidetracked by sponsoring a military coup against democracy in Honduras and attempting to overthrow the democratic government in Venezuela.

As 2011 dawns, public discourse in America has the country primed for a fascist dictatorship.The situation will be worse by 2012. The most uncomfortable truth that emerges from the WikiLeaks saga is that American public discourse consists of cries for revenge against those who tell us truths. The vicious mendacity of the U.S. government knows no restraint. Whether or not international law can save Julian Assange from the clutches of the Americans or death by a government black ops unit, both executive and legislative branches are working assiduously to establish the National Security State as the highest value and truth as its greatest enemy… America’s future is the world of Winston Smith.

“Dissent is what rescues democracy from a quiet death behind closed doors.” - Lewis H. Lapham

Collateral Murder – Wikileaks – Iraq

The Tonka Report Editor’s Note: Dr. Roberts is quite correct in all his predictions and assessments, save one: Julian Assange and WikiLeaks, which is a joint CIA-Mossad psy-op to hide Zionist Israel’s crimes and to throw the door wide open for internet regulation in order to stifle the last vestiges of freedom and truth… 

As more and more Americans are economically devastated while their Constitutional rights are being blatantly violated and eviscerated, the will to resist conversely wanes from their priorities as they struggle to survive… 

This is the plan, and as soon as people wake up to this agenda, we can put the brakes on American fascism…

There comes a time when the line must be drawn in the sand, if not for you… for our children! 2011 will prove to be a defining moment in the history of America and reveal the true character of its people! - SJH 

Link to original article below…

http://rense.com/general92/2011.htm

DHS: Napolitano Announces “Gestapo Zones” For Malls And Hotels

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December 27, 2010: Kurt Nimmo / Infowars.com – December 27, 2010

As we predicted, Homeland Security and national security state officialdom are in the process of expanding the police state and citizen humiliation grid from airports to hotels and shopping malls.

“The United States is stepping up security at ‘soft targets’ like hotels and shopping malls, as well as trains and ports, as it counters the evolving Al-Qaeda threat, a top official said Sunday,” reports AFP. “We look at so-called soft targets — the hotels, shopping malls, for example — all of which we have reached out to in the past year and have done a fair amount of training for their own employees,” DHS boss Janet Napolitano said.

Big Sis Napolitano knows the government’s “See Something, Say Something” program to acclimate citizens to a police and surveillance state designed to rival anything established by East Germany’s Stasi is more Big Brotherism. “It just sounds very Big Brother to me, turning in the next door neighbor.” CNN’s Candy Crowley said to Napolitano during an interview on State of the Union.

“It’s not,” Napolitano argued. “It depends on the common sense of the American people. I think they have common sense. And it depends on, again…getting through this notion that our safety, our security and the world we live in today is a shared responsibility.”

For bureaucrat Napolitano, the “common sense” of the American people means they will remain timid and apathetic. It means they will not protest and will tolerate going through porno-scanners and having goons stick their hands down their pants before they are allowed to shop at the local mall.

Napolitano defended the ambiguity of the snoop program. She said citizens can figure out for themselves who to snoop on and report to the authorities. Because there is no threat posed by al-Qaeda to the “homeland” – a word Big Sis used during the interview to refer to the United States – the government will receive thousands of calls from people turning in their neighbors for smoking marijuana, discipling their children, or possessing entirely legal firearms.

“The overall message is everything is objectively better than it was a year ago, particularly in the aviation environment. But we’re also looking at addressing other areas,” Napolitano said about the plan to turn malls and hotels into Gestapo zones where the Bill of Rights does not exist and citizen-subjects are obliged under threat of violence and $11,000 fines to allow minimum wage goons to stick their hands down their pants.

Napolitano continues, “And so we have enhanced measures going on at surface transportation, not because we have a specific or credible threat there, but because we know, looking at Madrid and London, that’s been another source of targets for terrorists.”

Evidence largely ignored by the corporate media reveals that the Madrid bombings were an inside job. Two patsies, Jose Emilio Suarez Trashorras and Antonio Toro, were government informants, a fact reported by the New York Times and the Times Online. Trashorras had the private telephone number of the head of Spain’s Civil Guard bomb squad.

In 2005, John Loftus revealed on Fox News that the supposed mastermind of the London bombings, Haroon Rashid Aswat, worked for British intelligence. In 1999, the U.S. Justice Department told prosecutors in Seattle to leave Aswat alone because he was a British intelligence asset.

Napolitano and the government cite the absurd underwear non-bombing as the reason they are aggressively moving the police state from airports to malls and hotels.

“The Detroit Christmas bomber was deliberately and intentionally allowed to keep his US entry visa as the result of a national security override issued by an as yet unknown US intelligence or law-enforcement agency with the goal of blocking the State Department’s planned revocation of that visa,” Webster Griffin Tarpley wrote in February.

Patrick F. Kennedy, Undersecretary of State for Management, revealed this when he testified before the House Homeland Security Committee on January 27.

The underwear non-bomber “Mutallab was a protected patsy being used by rogue elements of the US intelligence community for the deliberate and intentional creation of a high profile incident with the goal of obtaining a large-scale political effect,” argues Tarpley.

The staged event is also providing a pretext to turn malls and hotels into Gestapo zones. It was used earlier this month to promote the government’s snitch program.

It should be obvious where all of this is headed. Following the next staged non-bombing by a clueless patsy, the government will move from malls and hotels into the streets and neighborhoods of America. How long before you will be subjected to a virtual strip search before you can buy food or other necessities?

Wal-Mart Invasion Part of Larger DHS Takeover of America

The Tonka Report Editor’s Note: Pissed off at your boss? Call DHS. Had an argument with your husband? Call DHS. Neighbor’s dog left a souvenir in your yard? Call DHS. Girlfriend cheated on you? Call DHS- SJH

Link to original article below…

http://www.infowars.com/napolitano-announces-expansion-of-gestapo-zones-from-airport-to-malls-and-hotels/

Top 5 Best Places To Relocate To Escape Before America’s Decline

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December 26, 2010: Activist Post Editors / Activist Post - October 25, 2010

It’s something to think about! - SJH

Okay, you’re upset with the direction America is headed and you’ve been thinking of moving to another country.

Perhaps you feel exhaustedly cynical about the political, economic, or social situation in the U.S. and think it is beyond repair. You wouldn’t be alone. Many top economists and other trend forecasters are now openly predicting that a total economic, environmental, and social collapse may be imminent in America.

Americans, young professionals and baby boomers alike, are increasingly saying that their main desire for moving out of America is to seek “political asylum” of sorts. 

In the past, this political discontent was typically drawn along party lines.

Under Bush’s 8 years the exodus mainly consisted of bitter Democrats, while as recently as March, Rush Limbaugh declared, half-jokingly, that he’d move to Costa Rica if “Obamacare” became law. However, these days, more Americans have grown cynical of the system itself and have given up on left-right politics.

Many believe that dropping out of the system as much as possible is the best form of protest. And now, because many people can telecommute through the Internet, it seems that living outside the U.S. is more do-able than ever. Furthermore, the lower cost of living in many other countries may actually increase the standard of living for some people. 

Surely, America will rebound from its eventual collapse, much like Russia and Argentina have, but it might make for uncomfortable sacrifices in America during the next decade.  More Americans are looking to “ride out the storm” elsewhere, while others desire to become permanent nomads seeking foreign opportunity and adventure.

It should be noted that no country is perfect and you’ll face challenges no matter where you go. You’ll find that modernization and rampant consumerism is expanding into almost every corner of the world. Some view this as a good thing, as more American comforts can be found, while others view it as a cultural blight to foreign lands. Your expectations must be kept realistic in that you may not find paradise, but your expat adventure may ultimately lead to a more peaceful lifestyle.

The criteria for countries of safe haven include social stability, economic opportunity, freedom of self-expression, relative self-sufficiency, and an essential local community strength. These critical components are the foundation for living life with a greater sense of independence.

Here are our 5 best countries for Americans to escape the decline:

1. Uruguay, whose official motto is “libertad o muerte (liberty or death),” is located in South America, southwest of Brazil and east of Argentina. Uruguay borders on the Atlantic Ocean and has developed infrastructure, a stable democracy, European flair, and rich culture that draws many expats to her borders. 

Uruguay is a constitutional democracy with one of the most developed economies in South America, possessing a high GDP per capita. Between the years 2007 and 2009, Uruguay was the only country in the Americas which didn’t technically experience a recession, and now has the lowest Income Inequality and highest Quality of Life in Latin America, second only to Canada in all the Americas.  

Uruguay is rated as the least corrupt country in Latin America with its political and labour conditions being among the freest on the continent.  In 2010, Uruguay became the first nation in Latin America to test hemp cultivation, while no drugs are illegal for personal consumption.  Located entirely in the temperate zone, Uruguay provides an excellent climate for growing.

Housing costs are much lower than the United States, as well as health care and food. Some consumer products such as cars and electronics can cost more, as well as Internet connection fees. Americans can buy real estate and own businesses, and they have an automatic 90-day visa to explore Uruguay.  Americans only need to have a proof-of-income of $500/mth to apply for residency.

2. Costa Rica is a peaceful country in Central America, often referred to as the “Switzerland” of the Latin America due to its stable economy, political stability, and quality health care. Costa Rica, blessed with two beautiful coast lines (Pacific and Caribbean), is roughly the size of West Virginia and home to around 4 million people. The Central Valley’s eternal springlike climate is said to be one of the best in the world allowing for a year-round growing season.  

Costa Rica is consistently voted one of the “Happiest and Greenest” countries in the world with about 95% of its electric production coming from renewable sources.  AARP and others have ranked it one of the best foreign retirement locations, as it has all the same modern conveniences found in America and is only a 5-hour flight from New York.

Besides the price of real estate, which is comparable to the U.S., the cost of living is lower — especially property taxes, health insurance, and fresh food. Americans have an automatic 90-day visa which can be renewed by leaving the country for 3 days before re-entering.  Non-residents can own real estate and businesses, but are not allowed to work without a work visa.  Residency requirements vary based on category.  Current information is available here.

3. New Zealand might be the most isolated fully developed nation in the world. It shares no borders, sits relatively distant from any other nation, has no real national enemies, has a safe democracy and a diverse landscape with many remote places to hide away within. Located in the South Pacific with beautiful beaches, sunshine, friendly people, and stunning vistas, it has two main islands and several smaller islands like Chatham Island and the Cook Islands. New Zealand ranks highly in international comparisons on many topics, including education, economic freedom, and lack of corruption.  

New Zealand now ranks among the freest economies in the world with one of the least corrupt governments ranked #1 on the Global Peace Index in 2010 — second year in a row.  Its cities also consistently rank among the world’s most liveable.  The most commonly spoken language is English. The cost of living is somewhat comparable to the United States.  Americans have an automatic 90-day visa to enter and explore the country.  Non-residents can apply for a 2-year work visa only in fields determined by immigration.

4. Iceland has a free market economy that has historically been one of the wealthiest and most developed nations in the world. In 2007, it was ranked as the most developed country in the world by the United Nations’ Human Development Index, and the fourth most productive country per capita economy.  

In 2008, Iceland’s economy was devastated by the international bankers calling their foreign debt due.  However, because of pride and solidarity among the people, strong social services, a nearly self-reliant energy sector, and a manageable population (320,000), it is poised to recover once the foreign debt issues are settled. 

Iceland has passed legislation to establish the country as a “free speech haven” to protect journalists and their sources. This law is a huge deal as most Western countries seem to be heading toward regulating the Internet, and it has the potential to jump-start the Icelandic economy in terms of offering censorship-free servers and other services to journalists and internet businesses.  Iceland is also a peaceful country with no standing army.

Iceland will be working it’s way back from financial collapse, while the U.S. still appears headed for the cliff.  Because of the shattered financial system, there are good opportunities to live on less income in Iceland now than during its peak, while all the signs seem poised for recovery. Residency has traditionally been difficult to get in Iceland and is usually done through vital employment needs, but the new push as a political safe-haven may open up the process a bit. Currently, American passports have an automatic 90-day visa to visit Iceland.

5. Argentina has bounced back from its financial collapse in 2002 when it defaulted on international debt causing massive inflation and high unemployment.  The people said “Nunca Mas,” the government has since paid off its debt to the IMF, and Argentina now has one of the world’s highest qualities of life.  

Argentina is the second largest country in South America and the 8th largest in the world.  It is a fully-developed country with strong agricultural production as the second-largest exporter of corn in the world — not to mention good wines and beef too.  The capital of Buenos Aires is known as the “Paris of Latin America” because it feels like a European city with rich architecture and numerous sidewalk cafes.  If the arts and ambiance with a low cost of living are your thing, then Argentina may be the best bang for your buck.

The cost of living is reportedly much lower than the United States for housing, food, travel, and health care.  Americans have an automatic passport visa of 90 days to Argentina as well. Pensioners will need to prove a $700 per month income to qualify for residency, while others can apply if they prove a steady income of $900 per month.

Live in Uruguay

The Tonka Report Editor’s Note: Uraguay looks rather intriguing after I spend some time back in Florida. It may be finally time to get Rosetta Stone and actually learn Spanish, other than “Perdón, ¿dónde está el baño?” and “¿Me puede dar otra cerveza, por favor?” Because I was a “literal” disaster in Puerto Rico when I lived there 7 years ago, albeit nearly all of them spoke English, which made me feel rather inadequate! Adiós… ;) - SJH 

Link to original article below…

http://www.activistpost.com/2010/10/5-best-countries-to-escape-americas.html

Federal Court Stops Obama From Warrantless Cell Phone Tracking

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December 17, 2010: John Byrne / The Raw Story – December 16, 2010

The Obama Administration’s effort to obtain your location from cell phone towers without a warrant was rebuffed Wednesday by a federal court.

The 3rd Circuit Court of Appeals ruled Wednesday that the Justice Department cannot obtain information about which cell phone towers mobile phones communicate with without a warrant.

The decision was first reported by Wired’s David Kravets, and has received almost no coverage in the press. The Obama Administration is seeking to reverse an earlier ruling giving judges the authority to require a warrant for the government to obtain cell phone tracking data.

In October, Obama Assistant Attorney General Lanny Breuer filed a brief seeking the power to obtain cell phone location data without a warrant, arguing that it was essentially communication made in a public place.

Referencing a 1979 case, Smith vs. Maryland, the Assistant Attorney General wrote that because telephone callers cannot expect privacy in the numbers they dial, they can’t expect privacy in the locations of towers their cell phones interact with.

“In Smith, the Supreme Court held both that telephone users have no subjective expectation of privacy in dialed telephone numbers and also that any such expectation is not one that society is prepared to recognize as reasonable,” Breuer wrote, along with several other officials. “The Court’s reasoning applies equally to cell-site information.”

The Court stated: “we doubt that people in general entertain any actual expectation of privacy in the numbers they dial. All telephone users realize that they must ‘convey’ phone numbers to the telephone company, since it is through telephone company switching equipment that their calls are completed. Similarly, cell phone users understand they must convey a signal to a cell phone tower before their call may be completed.” (p. 12 – pdf)

The brief was co-written by US Attorney David Hickton, Assistant US Attorney Robert Eberhardt, and and Associate Director of the US Justice Department’s Office of Enforcement Operations.

Wired’s David Kravets noted that the decision to bar law enforcement from routine collection of cell-site data comes in a broader context of rulings favoring electronic privacy.

“The decision by the 3rd U.S. Circuit Court of Appeals is one in a string of court decisions boosting Americans’ privacy in the digital age — rulings the government fought against,” Kravets penned Wednesday. “The most significant and recent decision came Tuesday, when a different federal appeals court said for the first time the government must obtain a court warrant for an internet service provider to grant the authorities access to a suspect’s e-mail.”

“The case that concluded Wednesday concerns historical cell-site location information, which carriers usually retain for about 18 months,” Kravets added. “The data identifies the cell tower the customer was connected to at the beginning of a call and at the end of the call — and is often used in criminal prosecutions and investigations.”

In September, the appeals court ruled that judges should have the power to require warrants for the government to obtain cell-site information. The Obama Administration appealed that decision, and the ruling Wednesday rebuffed their efforts.

Earlier this month, Law.com provided a description of how law enforcement can use cell-site information in investigations:

“…Cell phone records can track the movements of the person or persons in possession of a cell phone that has been activated, even when no one is making a call on the phone, that the tracking can be quite granular, within 146 feet, or 50 meters, and, in many cases, within 40 feet, and that the increase in cell phone towers and improvements in technology will continue to make tracking even more granular. Telephones equipped with Global Positioning System applications can be tracked by GPS satellites that orbit the earth and whose purpose is to track all GPS targets…

“Though not all phones are equipped with GPS capabilities, all cell phones can be tracked through network-based tracking…

“Cell phones are supported by a network of cell towers that relay messages from the caller through the carrier to the recipient. There are hundreds of thousands of cell phone towers in the United States. Activated cell phones are in constant contact with cell phone towers, keeping contact with the closest one as the cell phone moves across space so that if and when a call comes in or goes out it will do so instantly…

“By tracking the “hops” a cell phone makes from cell phone tower to tower, law enforcement can track the movements of that phone — and, ostensibly, its owner — for as long as the records are kept by the carrier.”

Kravets, at Wired, noted that the Obama Administration is also seeking permission to affix GPS devices to vehicles without a court warrant.

“The administration has also asked the U.S. Court of Appeals for the District of Columbia Circuit to reverse its August ruling requiring court warrants to affix GPS devices to vehicles to track their every move,” he wrote. “The administration said Americans should expect no privacy ‘in the totality of his or her movements in public places.’”…”The appellate court’s answer is pending,” he added.

Feds Push For Tracking Cell Phones

The Tonka Report Editor’s Note: Another victory in the defense of American’s Fourth Amendment! - SJH

Link to original article below…

http://www.rawstory.com/rs/2010/12/obama-attempt-spy-cell-phones-overturned-federal-court/

DHS: Americans Will Need Government Approval For Employment?

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December 17, 2010: Kurt Nimmo / Infowars.com – December 16, 2010

You’ve heard of no fly and no buy lists – get ready for no work lists. Millions of workers now must apply to the DHS and prove they are not terrorists in order to be granted permission by the government to work.

On the Alex Jones Show today, a caller pointed to information posted on a union website for ironworkers spelling out details on the Department of Homeland Security’s TWIC and SWAC programs.

TWIC is short for Transportation Worker Identification Credential and SWAC stands for Secure Worker Access Consortium.

TWIC “is a biometric credential that ensures only vetted workers are eligible to enter a secure construction site, unescorted,” Ironworkers Local 361 in Ozone Park, New York, explains. “Before issuing a TWIC, TSA must conduct a security threat assessment on the TWIC applicant. An applicant who, as a result of the assessment, is determined to not pose a security threat, will be issued a TWIC card.”

In other words, construction workers in New York will need permission from the TSA and DHS in order to practice their profession and earn a living. It was much the same in the former Soviet Union and authoritarian states such as China where the government determines all aspects of an individual’s life and where even the mildly rebellious are severely punished.

SWAC is even more draconian. It is “a large-scale collaborative effort among public and private authorities, facility owners, contractors, and labor organizations who are partnering to prevent terrorist activity by creating a trusted contractor community. Over 500 organizations, including the Port Authority of NY and NJ, which manages and maintains the bridges, tunnels, bus terminals, airports, PATH, and seaports that are essential to the bi-state region’s trade and transportation capabilities, have joined this effort,” according to the union website.

SWAC also requires a background investigation by the government, so if construction, port workers, longshoremen, and truck drivers are involved in political activity frowned upon by the feds – for instance, 9/11 truth [which is] considered dangerous and subversive by the State Department – it is likely they will have to find another line of work.

A SWAC PDF specifically mentions “treason” in an exhaustive list of crimes and misdeeds that will result in the federal government denying a person the right to earn a living.

The TWIC Disclosure and Certification form states the following: “I acknowledge that if TSA or other law enforcement agencies determine that I pose an imminent threat to national security or transportation security, my employer may be notified.”

The TSA no-fly list contains thousands of names, including journalists and political activists. If the government determines you hold the wrong political beliefs, according to the TWIC document, your employer will be told and you may lose your job and the ability to provide for your family. The TWIC application also mentions “treason” and “sedition” as a criteria to put an end to an individual’s employment.

Sedition is defined as overt conduct, such as speech and organization, that is deemed by officialdom to tend toward insurrection against the establishment. The Sedition Act of 1918 forbids the use of “disloyal, profane, scurrilous, or abusive language” about the United States government, its flag, or its armed forces.

The Sedition Act was updated on October 26, 2001, when Congress signed the USA Patriot Act into law. In the mid 70s, the Church Committee discovered that the government had carried out an aggressive campaign for decades to neutralize – as FBI director Hoover characterized it – political activity the establishment considered a threat to its monopoly on power.

As noted above, TWIC plans to force an expensive biometric ID on workers. This idea is hardly new. In 2002, the Electronic Privacy Information Center sued the Department of Homeland Security in order to get details on then director Tom Ridge’s plan to introduce a biometric national ID card. Ridge and the government have stated repeatdly that “national security requirements would ultimately make such cards a reality.”

Earlier this year, Democrats pushed the idea making a biometric national ID card mandatory for all Americans. “Everyone would have to produce the card to get a job, or keep a job,” the UPI reported on May 9. “On a five-year timetable the biometric cards would replace Social Security cards and would be used to prove eligibility for employment. Card scanners would be issued to all U.S. employers. The cards would at least have the capability of being linked to a central data system.”

TWIC and SWAC represent an incremental effort by the national security state to introduce biometric ID as a prerequisite for employment. In the months ahead, we can expect more intrusions by the government on our rights as spelled out by the Declaration of Independence.

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness,” that document states.

Life, Liberty, and the pursuit of Happiness, however, according to the government, will soon be predicated on a national biometric ID card and inclusion of our most private information in sprawling databases.

In the coming Brave New World Order, only citizens vetted by a totalitarian government will be allowed to work and feed their families. All others will be locked out of the system like the mutants in Total Recall, the dystopian movie based on a story by Phillip K. Dick.

Homeland Security & TWIC At Port Of Lake Charles, LA

The Tonka Report Editor’s Note: There is a wolverine cornered in the back of a shallow cave by a starving mountain lion. There is no escape, nowhere to hide, nowhere to run. The mountain lion will not yield. There is only one option as an epic battle echoes throughout the chamber for liberty, or death. Such is our fate! - SJH  

Link to original article below…

http://www.infowars.com/dhs-implementing-no-work-list/

Top 10 States Americans Are Leaving And Where They Are Moving

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December 11, 2010: Jenna Goudreau / Forbes.com via Yahoo News - December 8, 2010

“We’re seeing one of the lowest mobility rates in a century,” says Nathaniel Karp, chief economist for banking firm BBVA Compass. Karp says the recession has forced many people to stay put because they are unable to sell their homes, cannot find jobs or are unwilling to relocate for work if it means sacrificing a partner’s stable position.

The slowdown makes the question of who’s moving and why even more significant than in years past. Using 2010 projections by Moody’s Economy.com, Forbes ranked the states in which people are leaving faster than they are arriving. Economists report several overlapping trends that may be forcing people out of certain states as much as they are pulling them toward others.

At No.1 on our list, New York is expected to wave goodbye to 49,000 more people than it gains this year. The state has seen a steady loss of residents over the past five years, losing an average of 100,000 people per year. Karp explains that, because New York is a large state, it may report greater movement than others, but notes that population size is not the only reason residents are fleeing.

“In order to move, you need to be able to sell your home,” says Karp. “The housing market [in New York] has not gone through the meltdown that other states have gone through.”

While New York homeowners may have a slightly easier time selling their homes and moving to greener pastures, a competing trend is the number of unemployed renters who can no longer afford the high cost of living in and around New York City. Karp says the expensive lifestyle and high taxes may force the long-term unemployed to move on to more affordable regions.

The Prairie State came in at No. 2. Illinois is expected to lose 27,000 people this year, consistent with its average annual loss over the last five years. The losses are likely linked to the state’s economy and tax structure. Job losses in manufacturing and industrial machinery are likely pushing people out of the state, Karp says, adding that state taxes have also been “an issue” for many residents.

Midwestern states, in fact, are well-represented in the top-10 list. Nebraska (No. 4), Kansas (No. 5) and North Dakota (No. 9) are among the many central states projected to lose residents in 2010.

The movement may be related to broader structural changes. “For most of the decade people have been moving to the South and Southwest,” says Kenneth Johnson, a demographer and professor of sociology at the University of New Hampshire. He believes the trend is closely related to life cycle: Retirees are attracted to states with temperate climates, affordable costs of living, good health care and pretty scenery. For these reasons, Florida and Arizona are expected to receive an influx of hundreds of thousands of people this year.

At the same time, young people in search of jobs may move to the regions to work in services and high tech, says Karp. Texas and North Carolina are home to some of the largest public companies in the country, like Exxon Mobil and Bank of America, and are also among the top-five most attractive states this year.

At least two states in the top 10 are victims of unfortunate circumstances. Louisiana (No. 7) and Mississippi (No. 10) are both expected to lose residents this year. In 2006, the year after Hurricane Katrina ravaged the Gulf Coast, almost 300,000 people left Louisiana and nearly 20,000 moved out of Mississippi. The projected losses this year, though much milder, could be related to the impact of the BP oil spill.

Though specific conditions are pushing people out of some states, economists say more people moving around would be a positive sign for the economy. “Mobility makes it easier to respond to economic cycles,” says Karp. “People are still living in places where there are no jobs. That’s one of [the] reasons why the unemployment rate remains really high.”

Top 5 States People Are Fleeing

No. 1: New York

Projected Loss: 49,000 people

Population: 19.7 million

Percentage Change: -0.25%

The Big Apple may lose more people than it gains in 2010 because of the depressed job market, high cost of living and an ongoing trend of retirees and job-seekers heading to the South and Southwest.

No. 2: Illinois

Projected Loss: 27,000 people

Population: 13 million

Percentage Change: -0.21%

Economist Nathaniel Karp says Illinois’ tax structure and loss of manufacturing jobs may be pushing people out of the state this year.

No. 3: Ohio

Projected Loss: 8,900 people

Population: 11.6 million

Percentage Change: -0.08%

Over the last five years Ohio has lost an average of about 30,000 people per year. This year its losses are projected to slow, but remain significant enough to put the state at No. 3.

No. 4: Nebraska

Projected Loss: 5,900 people

Population: 1.8 million

Percentage Change: -0.33%

Nebraska has seen steady losses since 2001. The projected number of people leaving the state this year is particularly high when considering its small population.

No. 5: Kansas

Projected Loss: 4,200 people

Population: 2.9 million

Percentage Change: -0.14%

The Census Bureau reports modest gains for Kansas since 2007. The losses expected this year are similar to those seen in the earlier part of the decade, when the state lost an average of 4,500 per year.

Click On Link Below For Top 10 States People Are Leaving In Pictures:

http://www.forbes.com/2010/12/06/top-states-people-are-moving-housing-market-opinions-new-york_slide.html?partner=yahoore

Should I Stay Or Should I Go

The Tonka Report Editor’s Note: After 7 months here in Chicago, I for one am returning to Florida! - SJH 

Link to original article below…

http://realestate.yahoo.com/promo/top-10-states-people-are-fleeing.html

TSA Policies Will Be Reviewed After ‘Pat Down’ Of Indian Diplomat

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December 10, 2010: Paul Joseph Watson / Prison Planet.com - December 10, 2010

Is this what it takes to stop this disgusting crime? - SJH

“Livid” Ambassador to the United States vowed never to return to America after being confined to a glass cage and groped.

A humiliating TSA pat down that left Indian Ambassador to the United States livid and insistent that she would never return to America has prompted Secretary of State Hillary Clinton to promise a review of TSA policies in the aftermath of a nationwide revolt against invasive airport security measures.

At the height of the TSA backlash last month, Clinton herself told CBS News that the pat down procedures were so invasive that she would personally want to avoid them.

Now she has been forced to promise an inquiry into measures that led to Indian diplomat Meera Shankar being confined to a glass cage before being invasively groped by TSA staff in full public view, after Indian authorities demanded an apology for her treatment. “We obviously are concerned about it,” Clinton told reporters in Washington.

“Although the matter had not been raised when she met with Shankar on Tuesday, she said, “certainly we will be looking into it and not only responding to the Indian foreign minister but also reviewing the policies,” reports CNS News.

As we reported yesterday, eyewitnesses described Shankar’s fury at being humiliated after she specifically asked for the search to be conducted in private. Shankar later reportedly said she was “livid” and refused to ever return to America, a strong statement for someone who is India’s Ambassador to the United States.

Shankar was about to board a flight to Baltimore after attending an event at Mississippi State University. “She is a very strong woman, but you could see in her face that she was humiliated,” Tan Tsai, a research associate at MSU’s International Security Studies center who witnessed the screening, told The Clarion-Ledger. “The Indian culture is very modest.”

“The way they pat them down, it was so humiliating,” Tsai added, “Anybody who passed by could see it.” Janos Radvanyi, Chair of the MSU’s International Studies Department was quoted as saying, “She said, ‘I will never come back here.’ We are sending her a letter of apology,”

As a result of the massive and sustained backlash against invasive airport security measures that are tantamount to sexual molestation, TSA chief John Pistole stated on several occasions that the pat down procedures would be investigated and probably amended. However, with more cases of TSA abuse pouring in on a daily basis, there is no indication that any changes to the policy are imminent.

The TSA has still failed to respond to a FOIA request filed by former Congressman Bob Barr’s Liberty Guard organization, which seeks to clarify why the agency relaxed the pat down procedures and restricted use of naked body scanners over the Thanksgiving holiday period, in what many charge was a blatant and hypocritical ploy to diffuse the effectiveness of a national opt out day protest.

Indian Envoy’s Pat-Down Search “Unacceptable To India”

The Tonka Report Editor’s Note: Let me point out here that it takes an Indian Ambassador to raise the eyebrows of the US government. Meanwhile, screw the US citizens. That’s your government today! - SJH

Link to original article below…

http://www.prisonplanet.com/clinton-tsa-policies-to-be-reviewed-after-humiliating-pat-down-of-indian-diplomat.html

Civil Liberties: Erosion Of Fourth Amendment To U.S. Constitution

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December 9, 2010: Paul C. Wright, Attorney / Global Research – December 9, 2010

The civil liberties of U.S. citizens, their Fourth Amendment rights in particular, are being eroded at a rapid pace. The pretext for the destruction of Americans’ civil liberties is the “global war on terror,” which – according to all three branches of government – requires that Americans surrender their liberties for security and protection from foreign and domestic threats.

The nine-year erosion of civil liberties has been spearheaded by federal agencies, but individual states of the U.S.A. are now following in the federal government’s wake as local law enforcement agencies are increasingly becoming a tool of state authority and state security rather than performing functions as civil service agencies designed to protect and serve citizens. The trend will soon lead to a new framework for law enforcement activities. Without a reversal of this trend, law enforcement will soon exist primarily to protect the interests of government.

The Fourth Amendment, enacted in 1791, is designed to protect both individual and property rights by recognizing and affirming that citizens are endowed with the right to be free from tyrannical government intervention in their personal lives. It respects the individual and requires law enforcement to be subservient to individual rights by barring law enforcement from conducting unreasonable searches and seizures.

Further, it clearly states that search warrants that enable the government to enter a person’s property and seize property pursuant to a criminal investigation must be based on probable cause [1] not the mere discretion or desire of law enforcement agencies to assume an entitlement to conduct a search for the mere fact that they hold police power.

This amendment is rooted in 17th century English law designed to prevent the King from exercising unchecked authority over landowners, and it is what has separated the United States from totalitarian nations in the 19th and 20th centuries. Under U.S. law, the doctrine of probable cause was eventually expanded to include all citizens from the intrusive police powers of the state.

At the federal level the USA PATRIOT Act, passed soon after the events of September 11, 2001, is the keystone of America’s new security state apparatus. The law originally required third party holders of private personal information to turn that information over to federal authorities upon request.

This meant that doctors, libraries, bookstores, universities, and internet service providers [2] would have to provide the government with information on the actions, purchases, health, or activity of private citizens without anything more than a demand from federal authorities. Moreover, secret searches of personal residences and other property could be conducted without notice to the owner that such a search has ever occurred. [3]

This expansion of federal power was a clear and unambiguous violation of the Fourth Amendment and fortunately portions of the PATRIOT Act, including its “sneak and peek” provision, were struck down as unconstitutional violations of the Fourth Amendment. This did not, however, prevent the federal government from continuing to press for the ability to obtain private information or conduct secret searches by other means under the guise of national security. Efforts to mine data and track citizens’ activities are ongoing as are efforts to undermine court authority to review the application of these police powers.

One of law enforcement’s newest tools is the GPS tracking device, and recent court decisions have said that police can enter your property and place a tracking device on your vehicle without showing probable cause or obtaining a warrant. One of the most visible cases is United States of America v. Juan Pineda-Moreno. [4] In this case, DEA agents snuck onto Pineda-Moreno’s property at night and attached a tracking device to his car which was parked in his driveway.

The agents, who suspected Pineda-Moreno of drug trafficking, did not demonstrate probable cause nor obtain a warrant from a court to attach the device. They merely decided they had the right and the power to do so without judicial oversight. They tracked Pineda-Moreno’s movements for a four month period until the tracking devices eventually led them to a suspected marijuana grow site. Pinedo-Moreno was then arrested.

Traditionally, one of the keys to whether or not law enforcement is violating a citizen’s rights under the Fourth Amendment relates to whether or not the person’s property to be searched is on public or private property. Historically, one’s driveway is considered private property, part of a person’s “curtilage,” and therefore subject to the protections of the Fourth Amendment. Curtilage is defined as “the area to which extends the intimate activity associated with the ‘sanctity of a man’s home and privacies of life,’ and therefore has been considered part of the home itself for Fourth Amendment purposes.” [5]

Clearly, a person’s driveway is a part of their curtilage, and the government in the case even conceded the point that Pineda-Moreno’s driveway is in fact curtilage. The court disregarded the concession as well as the concept of private property and ownership and decided that it was not curtilage. The court stated that one’s driveway is “semi-private” unless enclosed or blocked with a barrier or other feature.

The fact that Pineda-Moreno had a “No Trespassing” sign posted on his property was inconsequential. The court went even farther in saying that one has no reasonable expectation of privacy to the undercarriage or exterior of their car – which is where the GPS device was placed.

Pineda-Moreno’s petition to have the full Ninth Circuit Court of Appeals hear his case was denied, leaving a new definition of curtilage and privacy rights in place. In a blistering dissenting opinion, Chief Judge Kozinski, a former citizen of communist Romania, blasted the court for destroying a fundamental American civil right, stating that “[t]he very rich will still be able to protect their privacy with the aid of electric gates, tall fences, security booths, remote cameras, motion sensors and roving patrols, but the vast majority of the 60 million people living in the Ninth Circuit will see their privacy materially diminished by the panel’s ruling. . . . Yet poor people are entitled to privacy, even if they can’t afford all the gadgets of the wealthy for ensuring it.” [6]

Kozinski closed his dissenting opinion by warning that there “is something creepy and un-American about such clandestine and underhanded behavior. To those of us who have lived under a totalitarian regime, there is an eerie feeling of déjà vu. We are taking a giant leap into the unknown, and the consequences for ourselves and our children may be dire and irreversible. Some day, soon, we may wake up and find we’re living in Oceania.” [7]

Since the ruling, other agencies have used the ruling to justify aggressive police activities. The FBI, in Santa Clara, California conducted a warrantless tracking of a young community college student and computer salesman’s car by placing a tracking device on it – as in the Pineda-Moreno case.

Yasir Afifif, who was emotionally devastated by the operation that targeted him, noticed the tracking device hanging from his car when a mechanic at an oil changing station brought it to his attention. [8] The day after the mechanic removed the strange device from the car, FBI agents showed up at Afifi’s apartment door demanding the return of the device.

These are just two examples of many surrounding the proliferation of GPS tracking devices and the erosion of the Fourth Amendment protections historically granted to U.S. citizens. Police powers are supplanting Constitutional rights all across the United States and a number of lawsuits challenging the violation of rights are being heard in courts across the country.

While some states have followed the U.S. Ninth Circuit Court of Appeals, courts in other jurisdictions like Massachusetts and Washington D.C. have not. The variance of rulings from state to federal jurisdictions has set the stage for an eventual U.S. Supreme Court decision on the matter. The Supreme Court decision, if it falls on the side of law enforcement, will effectively rewrite the Constitution and forever change the interface between police power, individual liberty, and private property.

The issues of unlawful search and seizure and invasion of privacy have become extremely urgent matters, particularly with respect to recent scandals involving Transportation Security Administration (TSA) agents’ application of radiation body scanners and aggressive frisking techniques at many of the nation’s airports. A groundswell of grass roots opposition is lashing back against the technology and TSA techniques, and many lawsuits have been filed challenging the implementation of procedures that target every American citizen as a prospective threat.

The direct and heavy application of government police power in a manner that challenges Constitutional limits on power is a trend that will continue until the courts resolve the limits of power in this new age. The coming court decisions promise to alter the American legal landscape for decades to come.

Republic vs. Democracy

The Tonka Report Editor’s Note: Until Americans take responsibility for their own rights and freedoms, the elite establishment will continue to push us into the corral of ultimate slavery- SJH

Link to original article below…

http://www.globalresearch.ca/index.php?context=va&aid=22338

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