The right of the
people to be secure in their persons, house, 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.
Now here is what I learned today on my AOL news page:
The FBI is removing thousands of artifacts from the home of
91 year old Donald Miller of Rush County, Indiana.
Miller, a world traveler, has been collecting artifacts for
three quarters of a century for display in his homemade museum, which he shows
to school children and neighbors in his rural Indiana home.
The FBI’s Special Agent, Drew Northern, told reporters that
they were collecting and analyzing the artifacts with the goal of “repatriation.” He was careful not to say
whether they believed that Miller had stolen anything or broken any laws.
Citing “complex
state, federal and international laws’ Patty Gerstenblith, a professor of law
at DePaul University in Chicago, noted that some countries, such as Egypt,
forbid the export of any cultural objects that have been dug from the ground.
Among Miller’s treasures is a 60 foot long, four foot wide
anaconda snakeskin, and a collection of human skulls, one with an arrowhead
stuck in it. Upstairs is a pipe organ which Miller plays for visitors.
Donald Miller is a community treasure in his hometown of
Waldron, Indiana. An active church member and local philanthropist, he is
somewhat of an artifact himself. Claiming, among other things, to have been
involved in the development of the atom bomb while in uniform during WWII, Miller regales listeners with tales of meeting such
historically significant people as J. Robert Oppenheimer, Enrico Fermi, Albert
Einstein and Harry S. Truman.
His tales of artifact collecting adventures mark him as a
real life Indiana Jones, the State of Indiana’s own.
Fascinating as Donald Miller’s story may be, what caught my
Constitutionally interested attention was the report that the FBI was not
claiming that Miller had broken any law, nor were they claiming that a warrant
had been issued, or that there was probable cause to suspect that a law had
been broken by anyone.
I’m sorry, but I just don’t get it.
Here are swarms of officers of the Federal Bureau of Investigation,
entering this man’s home, without a warrant, without any particular description
of the things to be seized, with absolutely no legal or constitutional
authority so far as anyone can tell, except that there are “complex laws” both
domestic and international which the FBI is relying on.
And what do they propose to do with the artifacts they are
stealing from Mr. Miller?
They are going to catalog them, and then they are going to
“repatriate” them.
When I was in law school, I learned about the writ of
replevin. When someone had something that belonged to you, you went to court
and asked for a writ that would give the sheriff the authority to go and get
your stuff.
Whose stuff does Mr. Miller have? And how is it that the government is taking
stuff away from Mr. Miller that they say belongs to somebody else, but they
don’t know what stuff or who it might belong to?
I smell a rat. A political rat. I smell a favored Middle
Eastern nation expecting our government to jump through unconstitutional hoops
just to prove that they can make the United States of America grovel.
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