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01/02/2006 Archived Entry: "Happy New Year and to hell with the forth amendment"

Well happy new year everyone.
I want to wish everyone a happy new year. Well almost everyone. The Florida Department of Agriculture can kiss my bum. A little while ago I received in my mailbox a request from them to sign a consent form so they could search my property and remove any citrus trees from my property. This is the effort to eradicate citrus canker. While I understand the effort to eradicate citrus canker, I do not condone the methods being used. They are without concern for any citzens property or for that matter the actual dealing with citrus canker.

The best part of this is that I do not have any citrus trees in my yard. I haven't had any in the entire time i have lived on my property. That has been almost five years. My wife contacted Ray Toth. (954 931 4062). According to the conversation my wife had with him they need to check for growth from citrus plants that were on the property more than five years ago.

Okay a couple of notes here. As I mentioned it has been my residence for almost five years. The fence that surronds my property is only four feet high. There are no blind spots in my yard from my fence line. And after 3 hurricances in 2 years I have one tree left in my yard. A strangler fig.

So my wife explained to Ray that I was not going to have the consent form signed. Ray mentioned that they would then go to court and get a warrent. Now here is my issue. What is the evidence they have that a judge would issue a warrent for them to search my property? I have a real problem with this. They can see my property without having to come on it. If they can garner some evidence even photos of a citrus plant growing on my yard they can present this to the judge.

I think I should be allowed to go to the hearing where they try to get the warrant and oppose this. I don't think I will be able to. I doubt I will be told when they are going to court or anything else.

Somewhere along the line the government decided to toss the forth amendment. Just in case you forgot :
Amendment IV

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.

I mentioned my issue on a local radio show. Another called in and basically stated the NeoCon position that if you aren't doing anything wrong you don't have anything to hide. Let me state this for you morons who spout this crap. I am not doing anything wrong. I am not growing any citrus plants. And I am not doing anything wrong by trying to make sure the government follows the law also.

If I can find a way to fight this I will. In the meantime I am not signing a consent decree for them to search my property.

This could easily break into a whole different issue of whether or not there is actually citrus canker on a citrus plant on someone's property. Or the complete waste of money that has been misspent doing this eradication. The complete lack of funding for finding a treatment for citrus canker. All of those issues have merit, but Not inh my case. I have no citrus trees on my property. If you have received one of these notices do not sign it. If you know a good (inexpensive) lawyer who specializes in agriculture law, drop me a line.

In the meantime remember if you live in south Florida your citrus tree is illegal

Today the department of Agriculture in Florida said that the 1900 foot rule is out. They have run out of money. They are going to start a new co-op method for dealing with citrus canker. The scientist said strong winds and hurricanes would not allow for citrus canker to be contained. Well three hurricanes in two years means we have had some strong winds.
http://www.palmbeachpost.com/pbcsouth/content/local_news/epaper/2006/01/12/m1a_canker_0112.html

Posted by Understudy @ 01/12/2006 08:02 AM EST