Home schooling is one of the many liberties American’s enjoy. Another such protected right is the Fourth Amendment, which prohibits unlawful search and seizure. However, that constitutional freedom has been under attack for the past two decades. In a recent example of government overreach, a family was terrorized by one zealous officer who entered their home without permission or a warrant.
LuAnn, Joseph and Timothy Batt have filed a lawsuit against Officer Joseph Buccilli. The policeman barged into their home without permission or legal authority. The case is being argued before the 2nd U.S. Circuit Court of Appeals and illustrates the battle that home school families are facing in numerous cities and states. The Home School Legal Defense Association (HSLDA) is representing the family.
The Fourth Amendment sates, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
Although this case doesn’t involve a home school situation, HSLDA explained that the case is very important for families because it will have significant repercussions for people who choose to educated their children at home. The Batts are members of the association, and understand that many law-abiding citizens suffer from liberal oppression. Leftists don’t want kids actually learning for a couple of reasons, and many home school parents have “found an investigative social worker at their front door, often accompanied by uniformed police officers.”
Investigations are typically issued by anonymous tips that report that children are at home all day or that the family seems religious. That provides the justification for liberal government officials to force their way into the home. (Thanks Bill Clinton and Janet Reno.)
HSLDA said homeschoolers “soon learned that front-door encounters with an investigative social worker could be traumatic for both parents and children alike.”
“Protecting our member families from such unwarranted investigations was what drew HSLDA into what we call ‘the battle for the front door’ – defending Fourth Amendment rights,” the organization said.
The reasons for these ill-conceived visits are much the same reasons that Hitler immediately outlawed homeschooling in Germany. When children aren’t brainwashed by their left-leaning teachers, they don’t follow along with the mass control provisions that liberals have put in place.
Also, public education over the last few decades has become less and less effective. Consider common core, which MIT professors and mathematicians even in highly liberal universities agree was a recipe for idiocy. It has taken American children further down the path of ignorance.
The reason that liberals want to institute methods that don’t teach children is because they need an ignorant population to vote for their policies. People who don’t have understanding are the ones who support the welfare state. Many of the problems American faces today stem from the fact that these antifa protesters and other rioters are completely and utterly uninformed, backward, and and barely literate.
In the New York case, Buccilli forced his way into the home after he was told that he did not have permission or consent to enter. The officer claimed that he was asked to perform a welfare check. However, while in the home he admitted that he didn’t even know who requested the check.
“I don’t know the basis of the allegations or what the welfare concerns are,” he told the family. “We do have a right to come in here when an allegation is made.”
“I don’t need a search warrant. I don’t need to ask permission,” he continued. He also told them that anyone who interfered would be arrested.
After the incident, social service immediately closed the “investigation,” which was started from a complaint about Batt’s possible mistreatment of their elderly relative, Fred Puntorieo.
Mr. Puntorieo was well-fed and well-dressed. However, attorney Darren Jones said that the Fourth Amendment doesn’t have an “exception” based on welfare checks. He’s right. Regardless of the instigation, police aren’t supposed to have the power to enter a private residence without permission or legal right.
In this case, everything worked out alright for the couple, but what if a social justice warrior–or worker, decided to arbitrarily say that the family was somehow “abusing” kids because they aren’t in the public school system to be “taught” the “truth”? It’s possible. A number of professors advocate that argument in professional journals.
Hopefully, the Appeals Court will uphold this very sacred freedom, and the people who have overstepped their authority will be punished.
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