This State Violating 4th and 5th Amendment


When our Framers wrote the Constitution and Bill of Rights, they wanted to protect private citizens and landowners from the type of tyrannical intrusions they experienced under British rule. But as liberals, progressives and socialists continually pervert our governments, state and federal, we are steadily losing the rights and privileges the Framers provided for us.

The battle to preserve those rights has risen to another level in a recently filed federal lawsuit challenging a California law. Pacific Legal Foundation filed the lawsuit on behalf of Cedar Point Nursery in Dorris and Fowler Packing Company in Fresno. (Cedar Point Nursery, et. al. v. Gould, et al.) They claim that California’s ‘trespass regulation’, California Code Regulations Title 8, § 20900(e) violates:

“Owners’ Fifth Amendment right against government-imposed takings, a right that includes the freedom to exclude trespassers; and their Fourth Amendment right against unreasonable, government-sanctioned intrusions, searches and seizures.”

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