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On The Lookout

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Randy Ludacer

Published: January 2, 2008

In the U.S. Navy I was a radarman. We supplanted those men who used to stand on the wings of the bridge, or in the crow's nest, scanning the horizon, looking for reefs or icebergs or other things, which might endanger the ship.

To some extent, I still see myself as performing that function, being alert to those things which might endanger our country and to report those things when they are observed. On occasion I am challenged by people who say "prove to me that you know what a reef or an iceberg looks like. I haven't been looking but you must prove it to me nevertheless."

Recently I commented that I found in certain legislation dangerous provisions that compromised our rights and liberties. One such act is called the Patriot Act and it contains provisions which circumvent time-honored protections like due process, the necessity of probable cause, and traditional rights of privacy. People who have never read the Patriot Act have vilified me for uttering such comments. They would prefer to stand up and salute when they hear the word patriot rather than inquire into the merits of my comments. Prove to me that my rights are being violated, they say. No one has broken down my door or searched my house, you must be mistaken. Trust your government.

Those people know more than you do so you must be ill informed, mistaken or just stupid. Of course, mistakes are made from time to time, errors in judgment of no consequence. But then I suggest, go and read the Patriot Act, don't take my word, read the act.

Warrants are issued without judicial scrutiny, administrative subpoenas promulgated by officials, not judges, demanding records, conducting secret searches of residences and wiretaps, conducting secret arrests of alleged material witnesses, all without any criminal charges, authorizing the use of secret evidence while prohibiting disclosure to the accused.

A bit of history is relevant here. In our colonial history, before our Declaration of Independence, the British colonial officials used to issue blank search warrants, known as "writs of assistance" which authorized the government to search any residence which they deemed suspicious. James Otis, then the colonial attorney general resigned his office and challenged the legality of this practice, contending that it violated British Common Law, England's unwritten constitution.

When we achieved our independence, continuing concern with this practice led to the passage of Amendment IV to our Constitution

Since the passage of that amendment, the country has passed through many crises, and from time to time, those in control of the government have seen fit to circumvent those rights. Unfortunately, now is such a time and the Patriots Act is one of those attempts to circumvent that protection, in the supposed service of protecting the people.

Ben Franklin once said "Any society which would give up a little liberty to gain a little security will deserve neither and lose both."

Randy Ludacer
Lake Placid

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