Personal and Private Property Security

The 4th Amendment states:

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 Fifth Amendment further protects property, by stating:

“No person shall be … deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

We affirm the Fourth Amendment right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, including arbitrary or defacto registration, general and unwarranted electronic surveillance, national computer databases, and national identification cards. We also reaffirm that civil governments must be strictly limited in their powers to intrude upon the persons and private property of individual citizens, in particular, that no place be searched and no thing be seized, except upon proof of probable cause that a crime has been committed and the proper judicial warrant issued.

We further reaffirm the common-law rule that protects the people from any search or seizure whatsoever when that search or seizure violates the Fifth Amendment right against self-incrimination.

We deplore and oppose vigorously legislation and executive action that deprive the people of their Fourth and Fifth Amendment rights under claims of necessity to “combat terrorism” or to “protect national security.”

We oppose legislation and administrative action utilizing asset forfeiture laws which enable the confiscation of the private property of persons not involved in the crime. Forfeiture of assets can only be enforced after conviction of the property owner as a penalty for the crime. Such forfeitures must follow full due process of law under criminal prosecution standards.

We oppose the monitoring and controlling of the financial transactions of the people through such proposed laws as “Know Your Customer.” Banks should be repositories of treasure and fiduciaries for the people, not enforcers for the State. Any information regarding customer transactions the State obtains from banks must be subject to the traditional Fourth Amendment safeguards.

We support privacy legislation that prohibits private parties from discriminating against individuals who refuse to disclose or obtain a Social Security number. We also call for legislation prohibiting all governmental entities from requiring the use of the Social Security number except for Social Security transactions. Additionally, we call for the repeal of all laws, regulations, and statutes that require the use of the Social Security number for any purpose other than Social Security transactions.


RESOLUTIONS:

Protection of Private Property

Property Rights, Land, and State Sovereignty

Klamath Basin Property Rights

Protecting Citizens’ Privacy