FOURTH AMENDMENT BLUES

Just got off the phone (Thur Apr 17) with a pastor friend. It seems a family in his church had a visit yesterday from his state's Dept. of Children and Families (DCF). The DCF agent wanted to inspect the house because of an anonymous tip his office received concerning alleged abuse of a child in this particular family. Fortunately the 17-year-old daughter who answered the door had enough wisdom and courage to deny entry to the agent. She called her father who immediately called the Home School Legal Defense Association (HSLDA). An HSLDA attorney guided the father through the process over the phone.

Evidently, the state has ignored the U.S. Constitution and has invoked what they call "justifiable cause" instead of the Constitutionally lawful "probable cause." The DCF agent had been informed the family was abusing an infant by keeping the infant in a closet where it was possibly being smothered by the heat, etc. The father of the family makes a very good living and has a big house and the particular closet referred to is a large "walk-in" type closet with its own separate AC vent. The family had turned the closet into a nursery. There are 8 children, and the older ones are being home schooled. The mother is pregnant with number 9 to be delivered any day.

The DCF agent returned today to speak with two of the sons who were away working yesterday. He informed the family he had to come back because of policy, but after having interviewed the children and being impressed by their conduct and seeing that the "closet" is really a nursery, he declared he would not be back. For that I am thankful, but for his blatant violation of the Constitution I am outraged and fearful of what might become a trend since the supposed "phone call" was made in Texas about the polygamist compound near Eldorado.

Our Fourth Amendment reads, "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."

Evidently, states are ignoring "probable cause" and replacing it with terms that sound like they mean the same thing but in reality do not. It also seems states are now comfortable with anonymous tips which also violate our Constitution. The Sixth Amendment guarantees our right "to be confronted with the witnesses against" us.

Agencies like DCF or Child Protection Services or whatever title a state might choose are good in their intentions. I am for protecting children and families. However, I am not for abusive agencies acting in ways that they are accusing their victims of acting. These agencies are staffed with men whose hearts can be corrupted by power. Sinful men twisting the law in the name of the law is tyranny. As we ignore these attacks on our liberties and look the other way for fear we might lose our security, we really lose our liberty.

May God remember mercy in wrath.