The Fourth Amendment – Radio Free https://www.radiofree.org Independent Media for People, Not Profits. Tue, 10 Jun 2025 15:46:10 +0000 en-US hourly 1 https://www.radiofree.org/wp-content/uploads/2019/12/cropped-Radio-Free-Social-Icon-2-32x32.png The Fourth Amendment – Radio Free https://www.radiofree.org 32 32 141331581 The Spectacle of a Police State: This Is Martial Law Without a Formal Declaration of War https://www.radiofree.org/2025/06/10/the-spectacle-of-a-police-state-this-is-martial-law-without-a-formal-declaration-of-war/ https://www.radiofree.org/2025/06/10/the-spectacle-of-a-police-state-this-is-martial-law-without-a-formal-declaration-of-war/#respond Tue, 10 Jun 2025 15:46:10 +0000 https://dissidentvoice.org/?p=158956 In Trump’s America, the bar for martial law is no longer constitutional—it’s personal. What is unfolding right now in California—with hundreds of Marines deployed domestically; thousands of National Guard troops federalized; and military weapons, tactics and equipment on full display—is intended to intimidate, distract and discourage us from pulling back the curtain on the reality of […]

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In Trump’s America, the bar for martial law is no longer constitutional—it’s personal.

What is unfolding right now in California—with hundreds of Marines deployed domestically; thousands of National Guard troops federalized; and military weapons, tactics and equipment on full display—is intended to intimidate, distract and discourage us from pulling back the curtain on the reality of the self-serving corruption, grift, graft, overreach and abuse that have become synonymous with his Administration.

Don’t be distracted. Don’t be intimidated. Don’t be sidelined by the spectacle of a police state.

This is yet another manufactured crisis fomented by the Deep State.

When Trump issues a call to “BRING IN THE TROOPS!!!” explaining to reporters that he wants to have them “everywhere,” we should all be alarmed.

This is martial law without a formal declaration of war.

This heavy-handed, chest-thumping, politicized, militarized response to what is clearly a matter for local government is yet another example of Trump’s disregard for the Constitution and the limits of his power.

Political protests are protected by the First Amendment until they cross the line from non-violent to violent. Even when protests turn violent, constitutional protocols remain in place to safeguard communities: law and order must flow through local and state chains of command, not from federal muscle.

By breaking that chain of command, Trump is breaking the Constitution.

Deploying the military to deal with domestic matters that can—and should—be handled by civilian police, despite the objections of local and state leaders, crosses the line into authoritarianism.

When someone shows you who they are, believe them.

In the span of a single week, the Trump administration is providing the clearest glimpse yet of its unapologetic, uncompromising, corrupt allegiance to the authoritarian Deep State.

These two events—the federalization of the National Guard deployed to California in response to protests and the president’s lavish, taxpayer-funded military parade in the nation’s capital—bookend the administration’s unmistakable message: dissent will be crushed, and power will be performed.

Trump governs by force (military deployment), fear (ICE raids, militarized policing), and spectacle (the parade).

This is the spectacle of a police state. One side of the coin is militarized suppression. The other is theatrical dominance. Together, they constitute the language of force and authoritarian control.

Yet this is more than political theater; it is a constitutional crisis in motion.

As we have warned before, this tactic is a familiar one.

In times of political unrest, authoritarian regimes often invoke national emergencies as a pretext to impose military solutions. The result? The Constitution is suspended, civilian control is overrun, and the machinery of the state turns against its own people.

This is precisely what the Founders feared when they warned against standing armies on American soil: that one day, the military might be used not to defend the people, but to control them.

It is a textbook play from the authoritarian handbook, deployed with increasing frequency under Trump. The optics are meant to intimidate, broadcast control, and discourage resistance before it even begins.

Thus, deploying the National Guard in this manner is not just a political maneuver—it is a strategic act of fear-based governance designed to instill terror, particularly among vulnerable communities, and ensure compliance.

America is being transformed into a battlefield before our eyes.

Militarized police. Riot squads. Black uniforms. Armored vehicles. Pepper spray. Tear gas. Stun grenades. Crowd control and intimidation tactics.

This is not the language of freedom. This is not even the language of law and order.

This is the language of force.

This transformation is not accidental—it’s strategic. The government now sees the public not as constituents to be served but as potential combatants to be surveilled, managed, and subdued. In this new paradigm, dissent is treated as insurrection, and constitutional rights are treated as threats to national security.

What we are witnessing today is also part of a broader setup: an excuse to use civil unrest as a pretext for militarized overreach.

We saw signs of this strategy in Charlottesville, Virginia, where police failed to de-escalate and at times exacerbated tensions during protests that should have remained peaceful. The resulting chaos gave authorities cover to crack down—not to protect the public, but to reframe protest as provocation and dissent as disorder.

Then and now, the objective wasn’t to preserve peace and protect the public. It was to delegitimize dissent and cast protest as provocation.

It’s all part of an elaborate setup by the architects of the Deep State. The government wants a reason to crack down, lock down, and bring in its biggest guns.

This is how it begins.

Trump’s use of the military against civilians violates the spirit—if not the letter—of the Posse Comitatus Act, which is meant to bar federal military involvement in domestic affairs. It also raises severe constitutional questions about the infringement of First Amendment rights to protest and Fourth Amendment protections against warrantless search and seizure.

Modern tools of repression compound the threat. AI-driven surveillance, predictive policing software, biometric databases, and fusion centers have made mass control seamless and silent. The state doesn’t just respond to dissent anymore; it predicts and preempts it.

While boots are on the ground in California, preparations are underway for a military spectacle in Washington, D.C.

At first glance, a military procession might seem like a patriotic display. But in this context, it is not a celebration of service; it is a declaration of supremacy. It is not about honoring troops; it is about reminding the populace who holds the power and who wields the guns.

This is how authoritarian regimes govern—through spectacle.

By sandwiching a military crackdown between a domestic troop deployment and a showy parade, Trump is sending a unified message: This is about raw, unchecked, theatrical power. And whether we, the people, will accept a government that rules not by consent, but by coercion.

The Constitution was not written to accommodate authoritarian pageantry. It was written to restrain it. It was never meant to sanctify conquest as a form of governance.

We are at a crossroads.

Governments derive their just powers from the consent of the governed. Strip away that consent, and all that remains is conquest through force, spectacle, and fear.

As I point out in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, if we allow the language of fear, the spectacle of dominance, and the machinery of militarized governance to become normalized, then we are no longer citizens of a republic—we are subjects of a police state.

The post The Spectacle of a Police State: This Is Martial Law Without a Formal Declaration of War first appeared on Dissident Voice.


This content originally appeared on Dissident Voice and was authored by John W. Whitehead and Nisha Whitehead.

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Home Invasions on the Rise: Constitution-Free Policing in Trump’s America https://www.radiofree.org/2025/05/01/home-invasions-on-the-rise-constitution-free-policing-in-trumps-america/ https://www.radiofree.org/2025/05/01/home-invasions-on-the-rise-constitution-free-policing-in-trumps-america/#respond Thu, 01 May 2025 08:31:49 +0000 https://dissidentvoice.org/?p=157864 One of the most essential branches of English liberty is the freedom of one’s house. A man’s house is his castle. —James Otis, Revolutionary War activist, on the Writs of Assistance, 1761 What the Founders rebelled against—armed government agents invading homes without cause—we are now being told to accept in the so-called name of law […]

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One of the most essential branches of English liberty is the freedom of one’s house. A man’s house is his castle.
—James Otis, Revolutionary War activist, on the Writs of Assistance, 1761

What the Founders rebelled against—armed government agents invading homes without cause—we are now being told to accept in the so-called name of law and order.

Imagine it: it’s the middle of the night. Your neighborhood is asleep. Suddenly, your front door is splintered by battering rams. Shadowy figures flood your home, screaming orders, pointing guns, threatening violence. You and your children are dragged out into the night—barefoot, in your underwear, in the rain.

Your home is torn apart, your valuables seized, and your sense of safety demolished.

But this isn’t a robbery by lawless criminals.

This is what terror policing looks like in Trump’s America: raids by night, flashbangs at dawn, mistaken identities, and shattered lives.

On April 24, 2025, in Oklahoma City, 20 heavily armed federal agents from ICE, the FBI, and DHS kicked in the door of a home where a woman and her three daughters—all American citizens—were sleeping. They were forced out of bed at gunpoint and made to wait in the rain while agents ransacked the house, confiscating their belongings.

It was the wrong house and the wrong family.

There were no apologies. No compensation. No accountability.

This is the new face of American policing, and it’s about to get so much worse thanks to President Trump’s latest executive order, which aims to eliminate federal oversight and empower local law enforcement to act with impunity.

Titled “Strengthening and Unleashing America’s Law Enforcement to Pursue Criminals and Protect Innocent Citizens,” the executive order announced on April 28, 2025, removes restraints on police power, offers enhanced federal protections for officers accused of misconduct, expands access to military-grade equipment, and nullifies key oversight provisions from prior reform efforts.

Trump’s supporters have long praised his efforts to deregulate business and government under the slogan of “no handcuffs.” But when that logic is applied to law enforcement, the result isn’t freedom—it’s unchecked power.

What it really means is no restraints on police power, while the rest of us are left with fewer rights, less recourse, and a constitution increasingly ignored behind the barrel of a gun.

This isn’t just a political shift. It’s a constitutional unraveling that hands law enforcement a blank check: more weapons, more power, and fewer consequences.

The result is not safety; it’s state-sanctioned violence.

It’s a future in which no home is safe, no knock is required, and no officer is ever held accountable.

That future is already here.

We’ve entered an era in which federal agents can destroy your home, traumatize your family, and violate the Fourth Amendment with impunity. And the courts have said: that’s just how it works.

These rulings reflect a growing doctrine of unaccountability enshrined by the courts and now supercharged by the Trump administration.

Trump wants to give police even more immunity, ushering in a new era of police brutality, lawlessness, and the reckless deployment of lethal force on unarmed civilians.

This is how the rights of ordinary Americans get trampled under the boots of unchecked power.

There was a time in America when a person’s home was a sanctuary, protected by the Fourth Amendment from unlawful searches and seizures.

That promise is dead.

We have returned to the era of the King’s Writ—blanket search powers once used by British soldiers to invade colonial homes without cause. As James Otis warned in 1761, such writs “annihilate the privilege” of privacy and due process, allowing agents of the state to enter homes “when they please.”

Trump’s new executive order revives this tyranny in modern form: armored vehicles, night raids, no-knock warrants, federal immunity. It empowers police to act without restraint, and it rewards those who brutalize with impunity.

Even more alarming, the order sets the stage for future legislation that could effectively codify qualified immunity into federal law, making it nearly impossible for victims of police violence to sue.

This is how constitutional protections are dismantled—not in one dramatic blow, but in a thousand raids, a thousand broken doors, a thousand courts that look the other way.

Let’s not pretend we’re safe. Who will protect us from the police when the police have become the law unto themselves?

The war on the American people is no longer metaphorical.

Government agents can now kick in your door without warning, shoot your dog, point a gun at your children, and suffer no legal consequences—so long as they claim it was a “reasonable” mistake. They are judge, jury, and executioner.

With Trump’s new order, the architecture of a police state is no longer theoretical. It is being built in real time. It is being normalized.

Nowhere is this threat more visible than in the unholy alliance between ICE and militarized police forces, a convergence of two of the most dangerous arms of the modern security state.

Together, they’ve created a government apparatus that acts first and justifies itself later, if at all. And it runs counter to everything the Bill of Rights was designed to prevent: punishment without trial, surveillance without suspicion, and power without accountability.

When ICE agents armed with military-grade equipment conduct predawn raids alongside SWAT teams, with little to no accountability, the result is not public safety. It is state terror. And it’s exactly the kind of unchecked power the Constitution was written to prevent.

The Constitution is intended to serve as a shield, particularly the Fourth Amendment, which safeguards against unreasonable searches and seizures. But in this new reality, the government has nullified that shield.

All of America is fast becoming a Constitution-free zone.

The Founders were aware of the dangers of unchecked power. That’s why they gave us the Fourth Amendment. But rights are only as strong as the public’s willingness to defend them.

If we allow the government to turn our homes into war zones—if we continue to reward police for lawless raids, ignore the courts for rubber-stamping abuse, and cheer political leaders who promise “no more handcuffs”—we will lose the last refuge of freedom: the right to be left alone.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, the Constitution cannot protect you if the government no longer follows it—and if the courts no longer enforce it.

The knock may never come again. Just the crash of a door. The sound of boots. And the silence that follows.

The post Home Invasions on the Rise: Constitution-Free Policing in Trump’s America first appeared on Dissident Voice.


This content originally appeared on Dissident Voice and was authored by John W. Whitehead and Nisha Whitehead.

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Home Invasions: All the Ways the Government Can Lay Siege to Your Property https://www.radiofree.org/2021/03/07/home-invasions-all-the-ways-the-government-can-lay-siege-to-your-property/ https://www.radiofree.org/2021/03/07/home-invasions-all-the-ways-the-government-can-lay-siege-to-your-property/#respond Sun, 07 Mar 2021 21:44:17 +0000 https://www.radiofree.org/?p=170872 by John W. Whitehead and Nisha Whitehead / March 7th, 2021

“How ‘secure’ do our homes remain if police, armed with no warrant, can pound on doors at will and … foricibly enter?”

Supreme Court Justice Ruth Bader Ginsburg, the lone dissenter in Kentucky v. King

Americans are not safe in their homes.

Not anymore, at least.

This present menace comes from the government and its army of bureaucratized, corporatized, militarized mercenaries who are waging war on the last stronghold left to us as a free people: the sanctity of our homes.

The weapons of this particular war on our personal security and our freedoms include an abundance of laws that criminalize almost everything we do, a government that views our private property as its own, militarized police who have been brainwashed into believing that they operate above the law, courts that insulate police from charges of wrongdoing, legislatures that legitimize the government’s usurpations of our rights, and a populace that is so ignorant of their rights and distracted by partisan politics as to be utterly incapable of standing up to the government’s overreaches, incursions and power grabs.

This is how far the mighty have fallen.

Government agents—with or without a warrant, with or without probable cause that criminal activity is afoot, and with or without the consent of the homeowner—are now justified in mounting home invasions in order to pursue traffic violators, seize lawfully-owned weapons, carry out knock-and-talk “chats” with homeowners in the dead of night, “prevent” individuals from harming themselves, provide emergency aid, intervene in the face of imminent danger, serve as community caretakers, chase down individuals suspected of committing misdemeanor crimes, and anything else they can get away with.

This doesn’t even begin to touch on the many ways the government and its corporate partners-in-crime may be using surveillance technology—with or without the blessing of the courts—to invade one’s home: with wiretaps, thermal imaging, surveillance cameras, and other monitoring devices.

However, while the courts and legislatures have yet to fully address the implications of such virtual intrusions on our Fourth Amendment, there is no mistaking the physical intrusions by police into the privacy of one’s home: the toehold entry, the battering ram, the SWAT raid, the knock-and-talk conversation, etc.

Whether such intrusions, warranted or otherwise, are unconstitutional continues to be litigated, legislated and debated.

The spirit of the Constitution, drafted by men who chafed against the heavy-handed tyranny of an imperial ruler, would suggest that one’s home is a fortress, safe from almost every kind of intrusion. Unfortunately, a collective assault by the government’s cabal of legislators, litigators, judges and militarized police has all but succeeded in reducing that fortress—and the Fourth Amendment alongside it—to a crumbling pile of rubble.

Two cases before the U.S. Supreme Court this term, Caniglia v. Strom and Lange v. California, are particularly noteworthy.

In Caniglia v. Strom, police want to be able to carry out warrantless home invasions in order to seize lawfully-owned guns under the pretext of their so-called “community caretaking” duties. Under the “community caretaking” exception to the Fourth Amendment, police can conduct warrantless searches of vehicles relating to accident investigations and provide aid to “citizens who are ill or in distress.”

At a time when red flag gun laws are gaining traction as a legislative means by which to allow police to remove guns from people suspected of being threats, it wouldn’t take much to expand the Fourth Amendment’s “community caretaking” exception to allow police to enter a home without a warrant and seize lawfully-possessed firearms based on concerns that the guns might pose a danger.

What we do not need is yet another pretext by which government officials can violate the Fourth Amendment at will under the pretext of public health and safety.

In Lange v. California, police want to be able to enter homes without warrants as long as they can claim to be in pursuit of someone they suspect may have committed a crime. Yet as Justice Neil Gorsuch points out, in an age in which everything has been criminalized, that leaves the door wide open for police to enter one’s home in pursuit of any and all misdemeanor crimes.

At issue in Lange is whether police can justify entering homes without a warrant under the “hot pursuit” exception to the Fourth Amendment.

The case arose after a California cop followed a driver, Arthur Lange, who was honking his horn while listening to music. The officer followed Lange, supposedly to cite him for violating a local noise ordinance, but didn’t actually activate the police cruiser’s emergency lights until Lange had already arrived home and entered his garage. Sticking his foot under the garage door just as it was about to close, the cop confronted Lange, smelled alcohol on his breath, ordered him to take a sobriety test, and then charged him with a DUI and a noise infraction.

Lange is just chock full of troubling indicators of a greater tyranny at work.

Over-criminalization: That you can now get pulled over and cited for honking your horn while driving and listening to music illustrates just how uptight and over-regulated life in the American police state has become.

Make-work policing: At a time when crime remains at an all-time low, it’s telling that a police officer has nothing better to do than follow a driver seemingly guilty of nothing more than enjoying loud music.

Warrantless entry: That foot in the door is a tactic that, while technically illegal, is used frequently by police attempting to finagle their way into a home and sidestep the Fourth Amendment’s warrant requirement.

The definition of reasonable: Although the Fourth Amendment prohibits warrantless and unreasonable searches and seizures of “persons, houses, papers, and effects,” where we run into real trouble is when the government starts dancing around what constitutes a “reasonable” search. Of course, that all depends on who gets to decide what is reasonable. There’s even a balancing test that weighs the intrusion on a person’s right to privacy against the government’s interests, which include public safety.

Too often, the scales weigh in the government’s favor.

End runs around the law: The courts, seemingly more concerned with marching in lockstep with the police state than upholding the rights of the people, have provided police with a long list of exceptions that have gutted the Fourth Amendment’s once-robust privacy protections.

Exceptions to the Fourth Amendment’s warrant requirement allow the police to carry out warrantless searches: if someone agrees to the search; in order to ferret out weapons or evidence during the course of an arrest; if police think someone is acting suspiciously and may be armed; during a brief investigatory stop; if a cop sees something connected to a crime in plain view; if police are in hot pursuit of a suspect who flees into a building; if they believe a vehicle has contraband; in an emergency where there may not be time to procure a warrant; and at national borders and in airports.

In other words, almost anything goes when it comes to all the ways in which the government can now invade your home and lay siege to your property.

Thus we tumble down that slippery slope which might have started out with a genuine concern for public safety and the well-being of the citizenry only to end up as a self-serving expansion of the government’s powers that makes a mockery of the Fourth Amendment while utterly disregarding the rights of “we the people.”

Frankly, it’s a wonder we have any property interests, let alone property rights, left to protect.

Think about it.

That house you live in, the car you drive, the small (or not so small) acreage of land that has been passed down through your family or that you scrimped and saved to acquire, whatever money you manage to keep in your bank account after the government and its cronies have taken their first and second and third cut…none of it is safe from the government’s greedy grasp.

At no point do you ever have any real ownership in anything other than the clothes on your back.

Everything else can be seized by the government under one pretext or another (civil asset forfeiture, unpaid taxes, eminent domain, public interest, etc.).

The American Dream has been reduced to a lease arrangement in which we are granted the privilege of endlessly paying out the nose for assets that are only ours so long as it suits the government’s purposes.

And when it doesn’t suit the government’s purposes? Watch out.

This is not a government that respects the rights of its citizenry or the law. Rather, this is a government that sells its citizens to the highest bidder and speaks to them in a language of force.

Under such a fascist regime, the Fifth Amendment to the U.S. Constitution, which declares that no person shall “be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation,” has become yet another broken shield, incapable of rendering any protection against corporate greed while allowing the government to justify all manner of “takings” in the name of the public good.

What we are grappling with is a government that has forfeited its purpose for existing.

Philosophers dating back to John Locke have long asserted that the true purpose of government is to protect our rights, not just our collective rights as a people, but our individual rights, specifically our rights to life, liberty and property. As James Madison concluded in the Federalist Papers, “Government is instituted no less for the protection of the property than of the persons of individuals.”

What we have been saddled with is a government that has not only lost sight of its primary reason for being—to protect the people’s rights—but has also re-written the script and cast itself as an imperial overlord with all of the neo-feudal authority such a position entails.

Let me put it another way.

If the government can tell you what you can and cannot do within the privacy of your home, whether it relates to what you eat, what you smoke or whom you love, you no longer have any rights whatsoever within your home.

If government officials can fine and arrest you for growing vegetables in your front yard, gathering with friends to worship in your living room, installing solar panels on your roof, and raising chickens in your backyard, you’re no longer the owner of your property.

If school officials can punish your children for what they do or say while at home or in your care, your children are not your own—they are the property of the state.

If government agents can invade your home, break down your doors, kill your dog, damage your furnishings and terrorize your family, your property is no longer private and secure—it belongs to the government.

If police can forcefully draw your blood, strip search you, probe you intimately, or force you to submit to vaccinations or lose your so-called “privileges” to move about and interact freely with your fellow citizens, your body is no longer your own—it is the government’s to do with as it deems best.

Likewise, if the government can lockdown whole communities and by extension the nation, quarantine whole segments of the population, outlaw religious gatherings and assemblies of more than a few people, shut down entire industries and manipulate the economy, muzzle dissidents, and “stop and seize any plane, train or automobile to stymie the spread of contagious disease,” then you no longer have a property interest as master of your own life, either.

This is what a world without the Fourth Amendment looks like, where the lines between private and public property have been so blurred that private property is reduced to little more than something the government can use to control, manipulate and harass you to suit its own purposes, and you the homeowner and citizen have been reduced to little more than a tenant or serf in bondage to an inflexible landlord.

If we continue down this road, the analogy shifts from property owners to prisoners in a government-run prison with local and federal police acting as prison guards. In such an environment, you have no rights.

So what can we do, short of scrapping this whole experiment in self-government and starting over?

At a minimum, we need to rebuild the foundations of our freedoms.

What this will mean is adopting an apolitical, nonpartisan, zero tolerance attitude towards the government when it oversteps its bounds and infringes on our rights.

We need courts that prioritize the rights of the citizenry over the government’s insatiable hunger for power at all costs.

We need people in the government—representatives, bureaucrats, etc.—who honor the public service oath to uphold and defend the Constitution.

Most of all, we need to reclaim control over our runaway government and restore our freedoms.

After all, we are the government. As I make clear in my book Battlefield America: The War on the American People, “we the people” are supposed to be the ones calling the shots. As John Jay, the first Chief Justice of the United States, rightly observed: “No power on earth has a right to take our property from us without our consent.”

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