More than fireworks
Today is July 4, and you are probably doing something with family - I know I am. Grills are fired up all over the country, and pools are in full use. Tonight, fireworks will be going off everywhere. Sometime during the day, I hope you stop and remember what we are celebrating.
The problem with holidays (think Christmas) is that many people forget the reason for the holiday. Today it was the signing of the Declaration of Independence. One of the most courageous acts ever done. Most of the signers probably believed they were effectively signing their death warrants. Fortunately for all of us, they believed strongly enough in what they were doing to think about more than themselves.
I think its important to remember why this country was founded. Our founding fathers did not trust government - they recognized that government 's derive their power from the people, and should be accountable to them. They also valued individual freedom, and the right of people to live their lives free from governmental intrusion. They were especially suspicious of those charged with enforcing the law - then it was soldiers, today its the police.
So what would the founding fathers think about our country today. I don't think they would be happy with the erosion of the fourth amendment. They expected people to be secure in their own houses - numerous exceptions to the warrant requirement have eroded that protection. I also don't think they would buy the argument that its necessary to enforce the law, and protect the public. They knew how that power could be manipulated, and abused.
One of the most common tactics today is requesting consent to search during routine encounters What do you think the founding fathers would say if asked for consent to search? I don't think it would be "go ahead, I don't have anything to hide". I think it would be an emphatic no, maybe accompanied by a few choice words.
Criminal defense lawyers should take time today to pat themselves on the back. They are the ones who ensure the government doesn't abuse its powers. They are the ones who ensure that the vision of the founding fathers is protected. They are the ones who remind us that the government exists for the people, and not the other way around.
Have a great 4th, and enjoy all the activities associated with this holiday. We all need to recharge our batteries, and this is a great time to do it. Hopefully we can go back to the office on Monday with a little more passion for what we do.
