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Posted: 4/20/2001 10:17:55 AM EDT

State legislature to allow searching of cars, people without warrants

 NC bureaucrats given authority to kill animals without owner’s consent, Constitution suspended

A North Carolina bill that would allow a search of individuals or vehicles on public or private roads by the state veterinarian or an authorized representative, without a warrant, has now become law.

The bill, S.799, was enacted because of the threat of foot-and-mouth disease and any other contagious animal disease.

According to the bill, the state veterinarian must consult with the North Carolina Commissioner of Agriculture and get the permission of the governor before taking any action under the new law.

However, the law also states that the state veterinarian does not even need to have a reasonable suspicion that the person or vehicle is carrying a diseased animal. He can stop persons or vehicles to determine whether they are carrying a diseased animal.

State Senator Charles Albertson (D-5th), who sponsored the bill, when asked if he had a problem with the constitutionality of the law, told the Asheville Tribune  "No, I don't. In this case I think it's warranted and justified."

"If you think there are animals that's moving through the country side, or any means of conveyance this virus could travel on, you can't wait to go get a court order before you need to take action," Albertson stated.

This is a serious threat to animal agriculture, to the economy of this state, and you have to take, I think, extra ordinary measures to make sure you do everything to prevent it

Asked if he thought that the threat was serious enough to suspend the Fourth Amendment of the U.S. Constitution, Albertson said, "Yes, I do. There is a great public concern here."

Asked if it was more important for the people to be secure than for them to have rights, Albertson said, "I think, in this case, it may be justified."  The bill stops short of allowing the state veterinarian, or his representatives, to enter private property other than a private road.

The bill states, "If the person refuses to consent to the entry and examination after the State Veterinarian or an authorized representative has notified, in writing, the owner or person in whose custody the animal is found, of the intention to enter the property and conduct the examination, the State Veterinarian or an authorized representative may petition the district court in the county where the animal is found for an emergency order authorizing the entry and examination."

Senator Charles Carter (D-28th) said that he was not concerned that there were any constitutional problem with the bill, but does think if there were "the judicial system would throw it out."

According to Albertson, the vote in the Senate was unanimous, with only two descenting votes in the house.

Albertson says the response from the state's animal industry has been positive.

"I think everyone is pleased with it." The law is set to expire April 1, 2003.

You can contact Senator Charles Albertson at 136 Henry Dunn Pickett Road

Beulaville, NC 28518 or by calling (910) 298-4923.

This report was filed by Clint Parker of the Asheville Tribune.

Link Posted: 4/20/2001 10:23:53 AM EDT
Originally Posted By Imbrog|io:
Asked if he thought that the threat was serious enough to suspend the Fourth Amendment of the U.S. Constitution, Albertson said, "Yes, I do. There is a great public concern here."
View Quote

Fucking stupid cocksucker.  This is the mentality of politicains these days.  Treasonous, pure and simple.  I wonder when then the state vet gets to qualify with his new MP-5.

Edited because I'm so pissed I can't type...
Link Posted: 4/20/2001 10:33:16 AM EDT
Good i hope so. maybe now i get to use my AR15
finally! [}:D]
Link Posted: 4/20/2001 10:37:00 AM EDT
and of course there will be two state troopers there to observe in case anything else illegal turns up.
Link Posted: 4/20/2001 11:11:33 AM EDT
Link Posted: 4/20/2001 11:19:01 AM EDT

The state vet won't have to qualify with his MP-5.  You see that would be a waste of fine taxpayer dollars.  He will just be issued one, and his training will consist of point, and pull.

Actaully, he won't get the MP5, he'll just get a Veterinary Enforcement Task Force that is better equipped than a platoon of Navy Seals.

All to keep everyone safe you know, now if damned constitution would stop getting in the way....
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