4th Amendment Protected Rights

Warrant-less Arrest, Search, and Seizure.

ISLAM Moors!!
Amendment IV
"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."
1. The 4th Amendment was created for your personal protection, and the protection of your personal
belongings or property, from Illegal Searches and Seizures.
2.Back in the Revolutionary War days, the British Soldiers would quarter their soldiers in the homes
of those, wherever they deemed fit.
a.)This meant the British Soldiers may of come to your house and told you, your wife, and your kids
that you all had to sleep on the couch in the living room, while the soldiers got their rest in your beds.
b.)Many citizens complained about this, and the 4th Amendment to the United States Constitution
was amended in 1791, to prevent the Infringement of Personal Rights.
3.As stated in the 4th Amendment, no Warrant shall issue without Probable Cause supported by and
Affidavit.
a.)This means in order for the so called police to have authority to search your Person, Place, and
Personal Property , they would need to provide to you a Warrant, supported by an Affidavit of Fact.
4.The Constitution provides Checks and Balances, to prevent one portion of the Government getting
besides themselves.
5.The Police have no authority to Stop and Frisk you!, Pull you out of your Car and Search your
Vehicle!, or enter your home unless there was Information or Evidence provided to police, by the
very one bringing the Accusation.
a.) This information or Evidence would've then needed to have been forwarded to a Prosecuting
Attorney, where this Attorney would've need to obtain an Affidavit of Fact verifying the Injury or
Breach of contract on behalf of the Victim.
"A finding of Probable Cause is within the Sole Authority of a neutral and detached Judge after
review of an Affidavit or Hearing. There is no guarantee of such finding. Judges do not always agree
on Probable Cause. Reasonable minds frequently may differ on the question whether a particular
affidavit establishes Probable Cause, and we have thus concluded that the preference for warrants
is most appropriately effectuated by according 'Great Deference' to a Magistrates Determination."
Leon, 468 U.S. at 914 Citing Spinelli v. United States, 393 U.S. 410, 419, 89 S. Ct. (1969).
b.) The the Attorney would need to have this information and Affidavit signed off by a Judge, to
authorize a Warrant for your Arrest.
"We have expressed a Strong Preference for Warrants and declared that in a doubtful or marginal
case a search under a warrant may be sustainable where without one it would fail." United States v.
Ventresca, 380 U.S. 102, 106, 85, S. Ct. (1965).
6. The only Warrant-less Arrest allow are ones where there are Exigent Circumstances, meaning
one's life is in danger, or you were seen in the commission of a crime.
"Because a search warrant provides the detached scrutiny of a neutral Magistrate, which is a more
reliable safeguard against Improper searches than the Hurried Judgment of a law enforcement
officer engaged in the often competitive enterprise of ferreting out crime." United States v. Chadwick,
433 U.S. 1, 9, 97, S. Ct. (1977).
7.The threshold for what constitutes as Exigent Circumstances is high, as the IV Amendment was
explicitly established for the protection of your personal rights.
8. Very similar to the State Court, the so called police operate off Implied Consent, Assumptions,
and your personal Acquiescence.
The Police will say something like:
"I'm going to have to ask you to step out of the Vehicle."
"I'm going to have to ask you to empty your pockets."
"I'm going to have to ask you to place your hands upon the wall."
or
"I'm going to have to call the Police Dog to come and sniff your vehicle to make sure you don't have
any Drugs."
The Police is asking for your Consent.
a.) When you step out of the Vehicle, Empty your Pockets, Place your Hands Upon the Wall, and so
forth, you Acquiesced, and gave the officer permission to search your Person and Property.
9. The fact is if the so called police cannot arrest you at that Very moment for any criminal offense,
as Probable Cause must be supported by An Affidavit of Fact, and a Warrant issued to you from the
Court; if this has not taken place, then there is no need to allow the so called police to search you, or
your property.
"The Arrest Warrant procedure serves to insure that the Deliberate, Impartial Judgement, of a
Judicial Officer will be interposed between the citizen and the information which the complaining
officer adduces as probable cause." People v Hyland 981 NE 2d 414 Ill. App. (2012).; Citing Beck v.
Ohio, 379 U.S. 89,96,85 S. Ct. (1964).
When the officers do this, they are putting the Cart before the Horse, and they are now looking for a
reason to arrest you, as opposed to having a reason to arrest you.
a.) "The Arrest without a warrant bypasses the safeguards provided by an objective
predetermination of Probable Cause, and substitutes instead a far less reliable procedure on an
After-the-Event justification for the arrest or search, too likely to be subtly influenced by the familiar
shortcomings of Hindsight Judgment." United States v. Leon, 468 U.S. 897, 913-14, 104 S. Ct.
(1984)
10. This is known as Fruits of a Poisonous Tree, and if you can prove the Arrest stemmed from an
Illegal Search and seizure, then any and all criminal evidence found against you must be dismissed
and will be rendered as Inadmissible Evidence against you, as the Officer Violated the required
Checks and Balances protecting you from Illegal Infringement.
Fruit-of-the-poisonous-tree doctrine.
Criminal Procedure. The rule that evidence derived from an Illegal search, arrest, or interrogation is
inadmissible because the evidence (The "Fruit") was tainted by the illegality (The "Poisonous Tree").
"Under this doctrine, for example, a Murder Weapon is Inadmissible if the map showing its location
and used to find it was seized during an illegal search."
See: EXCLUSIONARY RULE; ATTENUATION DOCTRINE; INDEPENDENCE-SOURCE RULE;
INEVITABLE-DISCOVERY RULE. Blacks Law Dictionary, 3rd Edition.
11. If you're in a Vehicle, and you get pulled over, you show your credentials, by 'cracking' the
window, and ask why you were pulled over?
If the officer says for some Traffic Related reason, ask if you're being Cited?
If so, demand the citation, and sign below:
All Rights Reserved, Without Prejudice, Pursuant to UCC 1-103; 1-207/1-308.
This will Reserve your Rights to a Common Law Venue, and Protects your rights not to enter into
any Commercial Agreement, that you did not consent to Willingly, Knowingly, and Voluntarily.
If there's no Traffic Citation, ask if your're under arrest?
No Traffic Citation, no Arrest, no reason to stick around, and you tell the police that you have more
pressing affairs to attend to, and you start your vehicle up and Drive Off, if you're on foot you Run
Off!
"It is well settled that Flight alone is Not Sufficient to establish reasonable suspicion that a person
has committed, or is about to commit, a crime." People v. Harris, 2011 Ill. App. (1st Dist.) 2011.,
Citing Illinois v. Wardlow, 528 U.S. 119, 124-125, 120 S. Ct. (2000).
"As this court noted in Lawson, even for a Terry Stop, the State must establish 'Enough Indica of
Reliability [ of information on which an arresting officer relies] to justify the officers forcible stop."
People v. Lawson citing People v. Lawson, 298 Ill. App. 3d at 1004.
12. You do not consent to a "Criminal Investigation." You tell the officer that his/her "Criminal
Investigation," has nothing to do with you.
13. You don't exit your vehicle and consent to your vehicle being searched, as again you do not want
to Consent to the officers discovery of anything that may get you arrested, as the officer had no
Warrant supported by Probable Cause, there were no Exigent Circumstances, and the officer had no
Prior Knowledge of what was in the vehicle.
"When the evidence demonstrates that the defendant was doing nothing unusual at the time of the
arrest and that the arresting officer neither Possessed a Warrant for the Arrest of the Defendant nor
Observed the Defendant Violate Any Law the Burden of proving the validity of the arrest shifts to the
State." People v. Crowell, 94 Ill. App. 3d 48 (1981).
"If the Flyer has been issued in the Absence of a Reasonable Suspicion, then a stop in the objective
reliance of it Violates the IV Amendment." U.S. v. Hensley, 469 U.S. 221, 231 (1985).
14. If you are stopped by the police in the Streets, on foot you do not have to Identify Yourself in Any
way, nor do you have to answer any questions, as again whatever it is has nothing to do with you,
and you tell the officers so. See 1st (Right to Remain Silent) and 5th Amendments (Protections from
Self Incrimination).
15. If the police come to your Domicile, do not open the door, unless the officers have a Warrant for
your arrest.
a.) No Warrant, no reason to open the door, and no reason to allow the officers to search your
home.
16. In some Larger Cities, such as Chicago and New York, Police Departments are Issuing 'Their
Own Fake Warrants,' called "Investigative Alerts."
17. The Investigative Alert is where the police department retrieve evidence or information against
you and opposed to going to the Judiciary to obtain a Warrant, they send the info to the Chief Police
officer, and the Chief issues an Unconstitutional-Investigative-Alert-Arrest.
"The goal of an Investigative Alert, detaining an individual for questioning, is essentially the same as
that of an Arrest Warrant, without the Constitutional Safeguards. Departure from Constitutional
safeguards to investigate a crime was not warranted in this case, nor is it in any case." People v.
Hyland Ill. App. 1st Dist. 2012.
18. Whatever it is called, if it is not a Warrant from the Court, do not fall for it, and know that the
Courts have your back in defeating a Warrantless Investigative Alert Arrest.
"The issuing officer of an Investigative Alert is Not Neutral and Detached, nor a member of the
Judiciary. Moreover, any information the issuing officer had is imputed to his supervisor, meaning
the supervisor is also not neutral nor detached." People v. Hyland 981 NE 2d 414 Ill . App. (2012).
An Investigative Alert Arrest is Unconstitutional and breach of the Separation of Powers. 
"Allowing the practice of Investigative Alerts to continue to Side-Step Judicial Review gives Arrest
Warrant Power to the Police, and constitutes an Impermissible Violation of the Suspects
Constitutional Rights." People V, Hyland 981 NE 2d 414 Ill. App. (2012).
"A Neutral Judge or Magistrate must issue a Felony Arrest Warrant. If there is time to get a
supervisors approval for the Investigative Alert, as the Special Order requires, there is time to seek
an Arrest Warrant from a Member of the Judiciary, For these reasons the practice of Circumventing
the Warrant Requirement in the Constitution by issuing Investigative Alerts as a means of taking a
potential suspect into custody Must Cease." People v. Hyland 981, NE 2d 414 Ill. App. (2012).
19.If you happen to be Adjudicating a Case on a Warrantless Arrest, Challenge the Warrantless
Arrest if you're Forced to Trial, by Affidavit setting forth the Facts, and by Motions Dismissing the
Cause of Action against you by the Violation of your 4th Amendment Rights on a Warrantless Arrest.
"Once a defendant challenges a Warrantless Arrest, it becomes the States Burden to show that the
arrest is Constitutional." People v. Rushing, 272 Ill. App. 3d 387 (1995).
20. I've fist fought the police, and have been Jumped by the police in refusing to be arrested on a
Warrantless Arrest, absent exigent circumstance.
I can tell you that when you Fully comprehend and know the 4th Amendment along with the laws
and safeguards that protect your rights from a Warrantless Arrest , Search or Seizure, the police will
begin to fall back, and will look for reasons to let you go, once you make them aware that you're
cognizant of the laws.
You must have Courage, and Assert yourself under the 4th Amendment, as you see the Laws have
your back and are there to protect you from an Illegal Arrest, Search, or Seizure on a Warrantless
Arrest.
Peace and Justice!!