FREEDOM FORUM: Discussion

Make a Comment

Comments in Response


Comment by Dennis Treybil
Entered on:

The New York state constitution (at http://www.dos.ny.gov/info/constitution.htm) contains no reference to guns.  It has a section related to Damages for injuries causing death.  However, its Bill of Rights provision that parallels amendment IV of the constitution for the USoA is identical in the first paragraph: 

§12. 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 right of the people to be secure against unreasonable interception of telephone and telegraph communications shall not be violated, and ex parte orders or warrants shall issue only upon oath or affirmation that there is reasonable ground to believe that evidence of crime may be thus obtained, and identifying the particular means of communication, and particularly describing the person or persons whose communications are to be intercepted and the purpose thereof. (New. Adopted by Constitutional Convention of 1938 and approved by vote of the people November 8, 1938.)

It would seem these gadget-aided searches, which on the surface may appear non-invasive, violate the right of the people to be secure in their persons.  Nevermind incorporation of the 4th amendment or lack thereof - this is a violation of their state constitution.

DC Treybil

Make a Comment