UNLAWFUL SEARCHES IN MD? What is a ‘Domicile’?
by Mike Martin
Clash Daily Contributor
I read an article today about the Maryland State Police targeting “Florida” drivers who had carry permits. They were alleged to have pulled over Florida drivers with carry permits passing through Maryland to inquire about whether firearms were being carried in the vehicle; and even if “No” was the alleged answer, then doing a search of the vehicle ( they allege lawful search – I say unlawful ) for said weapons.
I have previously written that a police search of your home without a search warrant is simply a home invasion by armed intruders.
Now, the SCOTUS has determined that a warrant is needed to search your home, even if that home is a cardboard box. Just because someone is homeless does not mean they are deprived of their Constitutional Rights against illegal searches and seizures. Some homeless live in vehicles. This would make their vehicle their domicile, and thus it would require a warrant to search it. You are legally allowed to resist unlawful search and seizures, hence the 2nd and 4th amendments.
This brings me to the QUESTION! Even under Maryland’s misguided interpretation of the Constitution, you are allowed weapons in your home/domicile. The Constitution allows you to resist unlawful search and seizures. Thus you should be able to resist police efforts to search your vehicle, if it is also your domicile.
Many people are not well off enough to be able to afford hotel/motel rooms while they travel and are forced to live in their vehicles while on the road. They are also entitled to Constitutional Protections. I am not aware of any case law that addresses these questions, but logic would dictate that resisting these searches may, in fact, be justified by the articles mentioned, while they are engaged in unconstitutional search and seizures. This would be a matter for the Courts to determine.
Don’t get me wrong, I lived in Maryland from shortly after my birth until I went into the Army at age 19. I don’t wish to be misunderstood – I have deep respect for the Maryland State Police I met when I was younger, who were for the most part friendly, compassionate and did their jobs. If there is a fault in their duties now – it is directly attributable to the lawmakers of Maryland in recent times. I would ask that that the Maryland Police not act in a manner contrary to our Constitution so that I might continue to believe that they are on the side of law and order.
If they aren’t on the side of Law and Order and our Constitution, then I would feel no compunction to support them in a court of Law. Believe it or not, tears are flowing as I write this article for the direction our politicians are taking this country.
Lord, grant me the wisdom to do my duty as ordained by your inspired Constitution, and the humility to keep my mouth shut when I’m not serving your will. In Christ’s name, I pray, Amen.
“Sometimes you have to fight to be a man” . . . Kenny Rogers — “ Coward Of The County”.
Image: http://www.jrdeputyaccountant.com/2011/01/california-supreme-court-impales-fourth.html
Mike Martin thanks you for the opportunity to express “different points of views”, and if you were to ask his family they would probably tell you that he’s as different as they come…
