Naperville, IL Court Decision Parsed By Concerned Citizen
It seems my August 27, 2018 Natural Blaze.com article “Legal Circular Logic Prevails Regarding Utility Smart Meters In-Home Searches” has generated quite a few comments to my personal email, one of which really makes one stop, think and wonder.
That email came from Mr. Jerry Day, and this is how he introduced his thoughts about the decision.
“This is my response to the confusion of the courts and media as to what constitutes ‘reasonable’ search with regard to utility meters. Feel free to use this as you wish with attribution if possible, but not necessary.”
Mr. Day, of FreedomTaker.com, took the time and effort to delineate his take on the Naperville, Illinois, decision handed down by the United States Court of Appeals For the Seventh Circuit regarding AMI Smart Meters infringement on individuals’ U.S. Constitution Fourth Amendment Rights, which I publish below with his expressed permission and for readers’ specific consideration.
Widget not in any sidebars
LEGAL AUTHORIZATION TO SEARCH PRIVATE HOMES
Jerry Day
The argument of using utility meters to conduct personal surveillance has been reduced to the meaning of the word “reasonable” in context of the Fourth Amendment. The term “reasonable” as it applies to search has been generally found by courts to apply to searches where tangible evidence of an existing or imminent crime has been produced, confirmed and recorded and that evidence implicates an identified individual as the likely perpetrator. Then a search, limited to what the evidence implicates, is ordered by a court which has competently and diligently reviewed the evidence as presented, may be undertaken by authorized law enforcement. In a public emergency with compelling evidence of imminent danger to the public, law enforcement may initiate a search limited to actions necessary to mitigate the emergency. If the emergency or evidence proves to be false, the evidence is not admissible in any legal action and must be removed from all records immediately.
Searches committed with electronic utility metering by private corporations arbitrarily on utility customers, their families and visitors falls far outside any “reasonable” standards for lawful search. Where no criminal activity or public threat is imminent it is simply and clearly unlawful and immoral search against innocent parties for corporate financial gain or other gratification, not for protection of the public from harm by any crime or safety hazard.
Those who conduct utility meter searches and who collect such data without evidence of imminent crime or hazard are subject to prosecution and imprisonment for unlawful search.
A criminal justice system which fails to prosecute those who conduct arbitrary search and surveillance against innocent parties is a failed and illegitimate agency.
Finding in favor of arbitrary search against innocent parties as “reasonable” is intolerably ignorant and blatantly unlawful in light of the clarity of the intent of the Fourth Amendment and the resulting case law record.
* ****
Now that you read Mr. Day’s thinking about the court’s decision, what do you think?
Who do you think interpreted the Constitution correctly?
Catherine J Frompovich (website) is a retired natural nutritionist who earned advanced degrees in Nutrition and Holistic Health Sciences, Certification in Orthomolecular Theory and Practice plus Paralegal Studies. Her work has been published in national and airline magazines since the early 1980s. Catherine authored numerous books on health issues along with co-authoring papers and monographs with physicians, nurses, and holistic healthcare professionals. She has been a consumer healthcare researcher 35 years and counting.
Catherine’s latest book, published October 4, 2013, is Vaccination Voodoo, What YOU Don’t Know About Vaccines, available on Amazon.com.
Her 2012 book A Cancer Answer, Holistic BREAST Cancer Management, A Guide to Effective & Non-Toxic Treatments, is available on Amazon.com and as a Kindle eBook.
Two of Catherine’s more recent books on Amazon.com are Our Chemical Lives And The Hijacking Of Our DNA, A Probe Into What’s Probably Making Us Sick (2009) and Lord, How Can I Make It Through Grieving My Loss, An Inspirational Guide Through the Grieving Process (2008)
