Fourth Amendment violation caught on tape
Paul Joseph Watson
Wednesday, July 4, 2012
San Jose police who violated the Fourth Amendment in attempting to interfere in a garage sale held on private property were kicked to the curb by informed citizens who stood up for their rights.
The incident occurred this past weekend at a garage sale where the family involved were selling replica BB guns.
The clip shows a police officer walk onto private property and begin handling the Airsoft guns while claiming he had received a report that the family were selling real guns. Two other police officers are also on the scene as the officer – Tom Tiphayachan shouts, “stand back, somebody called and said you were selling real guns.”
Pointing at one of the family members and saying, “I know who you are,” the cop claims he has the right to handle private property without a warrant.
When the family points out that the officer is violating the Fourth Amendment and is being videotaped, he soon backs away.
The police officers are then seen standing on the curb as the family tells them they intend to file a complaint for a Fourth Amendment violation without probable cause. “I’ve dealt with you before,” states Tiphayachan, to which ‘Shannon’ responds, “No, I’ve dealt with you, I’m with Copwatch.”
Shannon writes that she automatically records the police during every encounter whether it involves her or not because of her past experiences with corruption in law enforcement.
“I began filming EVERY encounter with the police. Even if I was driving by and saw them out with a citizen, I would film them. The more I did this, the more my eyes were open to just how corrupt and vile they really are. I have been threatened, harassed, our property taken and on one occasion, almost set up for a felony by one of San Jose’s finest. All while LEGALLY exercising my rights.This is WHY I record EVERY encounter. It has been what saved my ass,” Shannon told CopBlock.
“Protect yourself from these thugs. Don’t call them. Don’t let them on your property. NEVER consent to searches. Record any encounter you have with them, learn your rights, exercise your rights and don’t let these thugs rape you of your personhood. You are more powerful than you know.”
Although police backed off in this instance, there have been innumerable other incidents where authorities have shut down garage sales and lemonade stands run by children.
Indeed, the war on lemonade stands, traditionally viewed as a quaint example of America’s entrepreneurial spirit, has intensified in recent months with cops slapping parents with fines for letting their kids run “unlicensed” lemonade stands in three separate incidents over the last year alone.
A map of restrictions on child-run concession stands illustrates how there have been dozens of examples of police interference across the country.
In many towns and cities, residents face harassment by law enforcement if they don’t apply for government permission for a yard sale in the form of a temporary commercial permit.