been able to use this absurd argument
result of case law that makes it a fundamental right to raise children as the
parent sees fit.
20 If Americans continue
to assume that the degradation of their
fundamental rights won’t ever affect
of time before we see a government
hostile to homeschooling cracking
In conclusion, we have the right to be
free from unreasonable searches and seizures and have the commensurate right
to demand a warrant before submitting
to these rights that, as long as the officer
isn’t caught telling a lie, most warrantless
Questions for Discussion
and asked for permission to search it
due to high drug traffic in that area,
3.;If a police officer sees someone
smoking a cigarette between his
person, then sees him throw whatev-er;it;was;over;a;fence;and;run;away,
4.;What’s wrong with an officer entering a house and searching it because
was the sole basis for the search, is it
5. If an officer sees several kids he
knows to be teenagers drinking from
the kids run inside the house as he
approaches, can the officer enter the
house without the owner’s permis-sion?;Why;or;why;not?
6.;How has reading this chapter
Fourth Amendment and the rights it
Kevin Mark Smith is an allied attorney with
the Alliance Defending Freedom in Wichita, Kansas, where he lives with his wife and
three daughters. He writes often on the law,
homeschooling, and issues of importance to
Christians, families, and conservatives on
3. Terry v. Ohio,;392;U.S.;1,;9;(1968).
5. Carroll v. United States,;267;U.S.;132,;161;(1925).
6. See Terry,;392;U.S.;at;11.
8. See article and video, “Ron Paul Slams the TSA,
9. See Terry,;392;U.S.;at;21.
10. State v. Mendez,;275;Kan.;412,;421,;66;P.;3d;811
11. See Arizona v. Gant, 556 U.S. 332 (2009)
(holding vehicle inventory searches absent
probable cause to believe crime justifying
search;has;occurred;are;illegal);;State v. Hen-ning, 289;Kan.;136,;209;P.;3d;711;(2009);(apply-
ing Gant to Kansas vehicle search statute; also
12. See, e.g., Minnesota v. Dickerson,;508;U.S.;366,
13.;See Oliver v. United States,;466;U.S.;170;(1983).
14.Pretextual means that an officer stops
someone for something simple like a traffic
infraction even though he intended to stop
the vehicle long before for other, more serious
reasons, such as a drug investigation, DUI, etc.
The infraction was just pretext for a more invasive search and seizure.
17. See Murray v. United States, 487 U.S.
20. See, e.g., Pierce v. Society of Sisters, 268
U. S.;510;(1925);;Wisconsin v. Yoder,;406;US;205
21. The Obama administration doesn’t believe
children as its decision to deport a German
;Tiffany;Gabbay,;“German;Home-schooling Family Facing Deportation Speaks
Out,”;The Blaze,;April;19,;2013.;goo.gl/teow W.