Fourth Amendment, the FHP and FL Rep. Jimmy Patronis

Panama City talk show host Burnie Thompson, aired on FM radio station 101.5 every weekday morning (850-233-9988) has long vented about the practice of FHP's illegal traffic stops. I'm pretty vocal against them too, for the same reason Burnie's angry (Constitutional rights and violation of the Fourth Amendment). It is a case of "Your papers, please."

I suggested "we" set up a meeting with our state representative Jimmy Patronis, who smiled engagingly enough among the flag wavers and campaign sign holders in McKenzie Park when he wanted a vote. Thompson said he was interested. What I originally wanted was a meeting with Thompson, Phil Lucas, Editor of the Panama City News Herald (850-747-5000), Roger Smith, Editor of the weekly County Press and any other interested party who wanted to come along. Well, Burnie never contacted me, though I talked about this on the air a couple of times and he appeared to be gung ho on the subject. Lucas wanted to send someone in his stead, and Smith was the only one willing to attend.

So I said SCREW THAT, not because of Smith's presence only, but because of the others' inattention to a matter that is not to be taken lightly.

Originally, I also wanted the FHP there, too, but decided to get Patronis' view on things first. In talks with Thompson on the call-ins, he seemed up for that, but then he lost steam.

So I sent the following email to Patronis last week canceling the meeting and never got a reply. (850) 914-6300

I wonder why? I wonder if I will after it's on the internet.




August 20, 2008


Rep. Jimmy Patronis
Suite A
455 Harrison Avenue
Panama City, FL 32401

Dear Rep. Patronis:

Thank you the opportunity to meet with you on August 28, with members of local media. We have decided to decline the meeting and by copy of this letter are canceling it. We are canceling not because of lack of interest, but because of comments made in a telephone conversation regarding the FHP’s unconstitutional traffic stops. In that conversation with a male constituent, you stated that you would get Burnie Thompson together with the FHP. So? The other issue, more important, was your statement that you could reach “middle ground” on this subject.

Stop right there! There is NO MIDDLE GROUND WHEN CONSTITUTIONAL RIGHTS ARE BEING VIOLATED.

The Florida State Constitution mirrors the Constitution of the United States.

The Fourth Amendment of the Constitution of the United States states:

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.

http://caselaw.lp.findlaw.com/data/constitution/amendment04/02.html#3

No act, local or state law may supersede the founding document. It is THE law of the land.

Since you took an oath of office promising to uphold the Constitution and the Constitution of Florida, you must also honor it by protecting the citizens from the overreach of law enforcement. If you cannot live up to that oath, then you must resign. By even considering a middle ground, you are conspiring against the citizens by not upholding the U.S. Constitution 100 per cent. What is your interpretation of “middle ground”, Rep. Patronis? Does that mean you approve of Bay County citizens being only half safe in their houses, papers and effects, against unreasonable searches and seizures which are warrantless?

When a citizen (pay attention – “civilian” is not used here) is stopped by the FHP, that citizen has been seized. If you question an FHP officer and balk at or refuse to hand over you “papers”, you will be arrested. If I do this on the principle that guarantees me my right to travel freely, standing squarely on my Constitutional rights which were bestowed to me at birth by God, and get myself arrested, are you going to pay my legal bills?

Do not let the thought of “if you aren’t doing anything illegal, why should you mind” enter your head. This is the moment where law enforcement crosses the line, and where the Fourth Amendment guarantees your rights.

Warrantless searches and no “probable cause” have no place in our society, because those who practice this are breaking the law and they are our law enforcement agencies and elected officials who have decided to countermand the Constitution(s) by passing laws to dilute it or negate it completely.

When your family came to this country from Greece and prospered, as did mine from Cuba, Spain and Italy, you can bet the first thing they learned was the U.S. Constitution and the Bill of Rights. They memorized those rights because they were, at last, Americans. Ask them to refresh your memory about what happened prior to WWII. You will see patterns emerge, especially regarding police and their disregard for rights.

We, and I mean the entire country, have law enforcement agencies accepting federal grants, which is a very dangerous thing. To ignore it, to not do research into what I am saying, is also a dangerous attitude, because that is irresponsible. If we, the citizens who do understand the Constitution and the importance of our rights as sovereigns, do not speak up and stand up, we will lose our rights. We must stand up for our rights and open the dialog – to each other; to law enforcement agencies performing illegal actions against us under the guise of illegal law, or just “doing their job”; to our elected officials. If not, our county, our state and our country will become a full-fledged police state. Vigilance is the responsibility of the citizen, and not a sin.

I wrote an entry in my blog the other day about this very subject, and you may visit it at
http://maylattanzio.blogspot.com/. I invite you to view it. (Please scroll here to find it.)

I have a suggestion. Other communities have instituted CopWatch groups, where, without citizen oversight committees, citizens are armed with video cameras and tape recorders and the resulting records of misconduct by law enforcement shared with the media. News travels by nanoseconds these days by internet. Do I think this is needed here? Absolutely! One or the other, or the formation of citizen oversight committees for every law enforcement agency in the state which I have suggested in letters to the editor of the Panama City News Herald, and discussed on talk radio.

Lou Dobbs of Lou Dobbs Radio and CNN has sent his approval by email for me to speak on this subject, and I will as soon as I can get in the queue, which will happen any day now.

On this subject I stand like a rock, defending our rights, our liberty and our country. As your constituent, I hope you agree.

Very truly yours,


If you are a Bay County resident, or a Floridian who feels the same as I do, please contact your state representative, your newspaper editors, your talk shows and your law enforcement agencies. It's time to start shaking fingers in front of their noses inside their personal space, asking them WHY ARE YOU DOING THIS, AND WHY DID YOU LET THIS HAPPEN, because if you don't know your rights, you don't have any. And I'm not going down because you don't care. I'm going to stand up because I do!

Politicians come in all shapes, sizes and colors. But one thing they have to do for the people who elected them, and that is honor their oath of office and their promises to their constituents. And they need to be bugged every single day until they holler "Uncle - YOU WIN!" and tell the truth for a change, because they owe you.