My brother is a subject

Not a citizen.

Now, make no mistake, my brother believes in the power of the State. He thinks that Obama walks on water, gives advice to God (if God makes an appointment), shits skittles, and makes unicorns and doves faint at his feet. He truly believes that the money of the citizens is better spent by the State for the good of all rather than by the people who earned it. He thinks that the government is better at running our lives than we are. He is a socialist and a statist. He thinks that the Constitution is a "living document" which should be "interpreted" for our modern times. He supports "Obamacare" and feels that the country is not socialist enough.

TO get to the point of this post though:  He (my brother) posted on his facebook page the other day (I don't use facebook, but Midwest Chick does sometimes, and she told me about it....) that he "Really enjoyed having his car searched by the cops" late at night as he was going home from work about 2 AM.

So, being the curious one (and hey, he's my brother, even if his politics and thought processes are foreign to me) I called him and asked him what had happened.

Apparently he was on his way from work and was stopped in a "public safety inspection". Now that in itself is, IMHO an illegal search, but the courts seem to feel differently.....but that is a topic of discussion for another time. When I asked  what happened, he said (quite indignantly, I might add)  "the bastards even took my spare tire down!" I asked for the whole story and it went something like this:

"They asked if they could search my vehicle and I didn't really have a choice, now did I? I mean, they are the police and they'll search it if they want to, so I said yes. They took the headliner down and tossed all my tools and even searched my spare tire! They  rifled through all of my stuff and then left it there! "

I asked his what they used as probable cause for the search. He said "they are the police! They don't need probable cause. They'll just make something up..."

I asked why he didn't ask them for their cause to search. He became irate and said.."you don't understand, they are the police! You don't have a choice!"

I suggested that he did, indeed, have a choice and that next time he should ask them what they were looking for and under what cause they felt that they had a reason to search. Make them state it. Also identify themselves by name and badge number. (I cautioned him that he should be respectful, but to not consent to a search...ever. In fact, if requested to leave the car (and not, of course, to exit until so requested) he should roll up the windows and lock the car upon exit.) Make them search the car under protest. Make them take his keys from him and do the search without his cooperation or permission. Might not make things easier, but at least make them state why and even then do the search against his will.  Especially in circumstances like his, which were basically "being out late at night on a holiday weekend" as a reason for being searched....

He stated again. "They'll search it of they want to, they don't need a reason. There's nothing you can do...They are the police! They have the power"

I suggested that the Constitution and the courts said otherwise. He said again..."they are the police! They don't need a reason".

Again, I stated that they did need a reason, and while resisting is indeed bad, making them identify themselves in front of the camera on the cop car and state the reason they believed that they had probable cause to search would at least put things on record....and was not unreasonable and might well make them back off. Ask for a second officer (preferably a supervisor) to be present. Get his name and badge number as well. Be polite and respectful, but firm. Remember that the police are not terribly well versed in the law...but are well versed in control. It's their job.

I pointed out that the Constitution is designed to place limits on the government for this exact reason.

I then asked him if the police had asked for a cavity search would he have complied? Perhaps had taken him to his home and demanded to search his home with no cause and no warrant would he have allowed that?

"But they are the police!" he kept saying. The conversation degenerated shortly thereafter.

This is the society that he envisions for the rest of us. No laws restraining the police. No leash on the watchdogs.... Subjectivity for all.

Oh, and BTW, he is a law abiding sort of guy, and there was nothing to find that was unlawful. They did let him go with no charges of any kind. This happened in the Peoples Republik of Illinois.

The above is why he is a subject, rather than a citizen. His fear of the police and willingness to subject himself to their "authoritah!" even though he finds it distasteful. The vision of the left.....

He is a subject...Of the State and it's minions, not a citizen. I find that sad.

What are you?  Subject? Citizen?

Your choice.

I know where I stand. Do you?