Welcome By Nicholas White
I want to welcome you to our office page and take a moment to share my basic belief in public defense.
I like law and order. I like safe streets. I want law enforcement to be diligent. When an officer has reasonable suspicion a crime was committed I want him to stop and question the suspect. If that officer has probable cause that a crime was committed or that evidence is possessed I want him to make an arrest or search for such evidence. I want prosecutors to pursue their cases without fear or favor. I want judges to apply the law just as fairly for the alleged victim as they do for the accused. When an accused pleads guilty or is found guilty by a jury, I want judges to sentence accordingly.
Another Step To Big Brother
Hyperbole is pretty common in politics and law. We act like we can only get our point across by saying the most extreme things. The worst damage of this practice is to desensitize the public to accepting harsh realities when they really exist. Such is the case with the decision handed down today by the Georgia Supreme Court in State v. Thackston, S10G1337. It is not hyperbole to say that this decision is another step closer to 1984, the increasingly prophetic novel by George Orwell about total government control.
In 2007 Thackston was on probation in Douglas County. In March of that year he was arrested for a traffic violation and possession of meth in Paulding County. A probation warrant was issued out of Douglas for a violation of probation based on the Paulding charges. Thackston moved to suppress the evidence in the Paulding case as being obtained in violation of his 4th Amendment rights against unreasonable searches and seizures. The trial court agreed. Further, Thackston moved for a dismissal of the probation case since it rested on the evidence illegally obtained in Paulding County. Again, the trial court agreed. The State appealed the decision and the Court of Appeals upheld the trial court. The State then moved for consideration by the Georgia Supreme Court.
1984 Revisited
For 50 years the scope of government has rapidly grown over the lives of individuals. High taxes are levied to fund programs that expand government's reach over the economy and to support a permanent underclass.
Political incorrect speech leads to government fines against television and radio. We are mandated to purchase health insurance or receive heavy fines if we do not. The "Patriot Act" gives the government power to invade the private beliefs and records of citizens.
Officers can now enter your home without a warrant simply based on reasonable suspicion, rather than probable cause, that evidence is being destroyed inside. The Georgia Supreme Court recently ruled that the government can use illegally obtained evidence to revoke a person's probation. The list could go on. I am no alarmist, but I am alarmed. I hope you are too.
Government is largely made up of leaders who believe they know something about life we don't. Rather than seeing themselves as public servants they believe their capacity for greatness gives them the right to control (and if you protest you’re painted as unpatriotic and supporting terrorism).
Totalitarianism doesn't happen overnight , it is a slow but steady process over time. As the framers of the Constitution knew, the prevention of a government's increasing control is the rule of law. The Bill of Rights. These 10 Amendments act as a great wall that surrounds government, keeping it from infringing on the God given rights of a person. But we are complacently watching the steady erosion of that wall. We are desensitized to the danger.
I urge you to study these Amendments and to vote for leaders and judges that know, respect and adhere to them. Put aside fears of being seen as politically incorrect, avoid falling into group-think of "conservative" or "liberal" labels and know that it is YOU that keeps the nation free, not the government or political party.



