by Patrick Carroll
Americans have long been concerned about government surveillance, and rightly so. Being watched by the government is incredibly disconcerting, especially when government agents are probing into your private life.
The rise of drone technology has not helped on this front. Whereas before a government would need a plane or helicopter to get aerial views of you or your property, now they just need a small remote-controlled device.
The issue of governments spying on Americans using drones has come up in some recent court cases and legislative disputes. One recent case involves Todd and Heather Maxon who live on a rural five-acre property in Long Lake Township, Michigan. Todd likes to fix up cars, and he keeps a number of vehicles on his property.
For years the Township has been going after the couple for zoning violations, accusing them of illegally storing “junk” on their property. But here’s the kicker. The cars can’t even be seen from outside the property…that is, unless you fly a drone overhead. And that’s exactly what the Township did.
Without even attempting to get a warrant, the Township hired a contractor to fly a drone as low as 150 feet over the Maxons’ property multiple times over two years. The Township is now trying to use the pictures taken by the drone as evidence that the Maxons are violating a local zoning ordinance.
“If the government wants to conduct intrusive surveillance like this, the Fourth Amendment requires that it get a warrant,” said Institute for Justice Attorney Mike Greenberg regarding the case. “The zoning authority’s failure to even try to get one shows their indifference to Michiganders’ constitutional rights.”
New York City has also come in the crosshairs in recent years for its decisions on this front. In 2019, the New York Police Department acquired 14 drones for “monitoring giant crowds, investigating hazardous waste spills, handling hostage situations and reaching remote areas in crime scenes, among other tasks.” Though the NYPD insists the drones won’t be used for warrantless surveillance, many are worried that putting this technology in the hands of police is just asking for trouble.
Citing these fears, privacy advocates pushed for legislation known as the Public Oversight of Surveillance Technology Act (“POST Act”), which requires the NYPD to release information about how surveillance tools are being used and creates an annual oversight system to audit compliance with department policies. The Act was passed in June 2020 after gaining momentum following the death of George Floyd.
The Legal Issue
The legal issue with warrantless government surveillance revolves around the Fourth Amendment to the US Constitution, which states the following:
“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.”
In plain language, governments aren’t allowed to conduct searches and seizures as they please. They need to get a warrant.
In the more than two centuries that have passed since this amendment was adopted in 1791, mountains of case law have built up establishing precedents for what exactly constitutes “unreasonable” and what qualifies as a “search” or “seizure.” Other related questions have also been extensively litigated, such as whether evidence collected in an unconstitutional search (such as pictures from a warrantless drone flight) can be used in court. On that issue, there is a long-standing precedent. “For more than a century, the remedy for a Fourth Amendment violation has been suppression of unlawfully obtained evidence,” the Institute for Justice notes.
Whether the Maxons win their case remains to be seen.
What’s clear, however, is that drone technology provides governments with unprecedented spying capabilities—capabilities they would gladly use against Americans if they could get away with it.
The Philosophical Issue
For many topics addressed in the Bill of Rights libertarians are firmly in favor of the right being recognized (for example, freedom of speech and gun rights). With the Fourth Amendment, however, there are some philosophical problems.
The economist and political philosopher Walter Block addresses the “right” to privacy in the Peeping Tom chapter of his book Defending the Undefendable 2. “According to the libertarian legal code,” Block writes, “we may do anything at all to each other, whether they like it or not, provided, only, that in so doing we not violate—not their privacy ‘rights’ which do not exist, but rather—their property rights in their own persons and justly owned physical possessions.”
As Block correctly points out, spying on people isn’t technically a rights violation from a libertarian perspective. Indeed, a “right” to privacy, consistently recognized, would lead to all sorts of absurd laws, such as banning detectives or prohibiting most journalism and gossip.
Should we let governments spy on us at will, then, and never push back through legal channels? Of course not. There is a sound philosophical case to be made against government surveillance—it just doesn’t rest on a supposed “right” to privacy.
The most fundamental point to be made in this regard from a libertarian framework is that government surveillance is funded by taxpayer dollars, which are taken coercively. This alone makes the practice immoral in the libertarian view.
It’s also worth pointing out that the purpose of government surveillance isn’t necessarily protecting people. Sometimes the government uses drones because it intends to force its laws on people (such as in the case of the Maxons and Long Lake Township’s zoning laws) in which case the government is using surveillance as a means to a liberty-violating end.
In such cases, libertarians will often make a tactical move. While we may disagree with the Fourth Amendment philosophically, holding the State to its stated laws on privacy is often a more effective way of defending people’s liberties (property rights) than appealing to philosophical ideals. Just saying “it’s their property, they have a right to use it as they please” may be a more philosophically sound rebuttal to zoning laws, but it’s not particularly effective in court.
If appealing to the Fourth Amendment is what will convince the powers that be to respect property rights, there’s nothing wrong with that. We just need to recognize that, for libertarians, such an appeal is merely a practical tactic—the philosophical argument against the government’s actions is rather different from the legal argument.
Privacy in Libertopia
So that’s the argument against government drones, but what about private drones? Would libertopia have private drones flying everywhere, snooping on people constantly, seeing as libertarians don’t recognize a right to privacy? Of course not. Privacy is in high demand, so drones would almost certainly be regulated with voluntary contracts.
Responding to the Fourth Amendment at the end of his Peeping Tom chapter, Block summarizes the libertarian position on privacy as follows: “We have no such right. It is merely a privilege, one that, fortunately, the free market system can bestow upon us.”
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Patrick Carroll has a degree in Chemical Engineering from the University of Waterloo and is an Editorial Fellow at the Foundation for Economic Education.
Elvis Revolver Memorabilia
One of the people in American history least likely in need of an introduction is Elvis Aaron Presley. His life is one of constant dichotomy: down-home country boy and provocative rock-n-roll superstar. The dusty roads of Tupelo, Mississippi, contrasted with the neon and rhinestones of Las Vegas. Military fatigues to pink Cadillacs. He also blurred lines musically, combining country, blues, gospel, and R&B into a rock and roll style that made him The King.
It resulted in an unmatchable career. 150 albums that reached gold, platinum, or multiplatinum status, 114 Top 40 hits, 31 feature films, 14 Grammy nominations, three TV specials, and numerous performances in Las Vegas. But even numbers as lofty as these fail to capture the man’s musical influence, charisma, charitable nature, sensuality, good looks, magnetism, or kindness. Nor do they come anywhere close to indicating his social significance in the realms of modesty, race, musical stylings, and sheer pop stardom. It is perhaps ironic then, that a man so difficult to categorize is readily identified by first name alone.
It is with this immense significance that Rock Island Auction Company is proud to present Elvis revolver memorabilia and other significant pieces of memorabilia in their May 2017 Premiere Firearms Auction.
Smith & Wesson Model 19-2
This elaborate, exhibition grade .357 magnum revolver was once part of the personal collection of Elvis Presley. It is accompanied by a mountain of documents and receipts establishing its direct and unbroken line of provenance. This gun was licensed to the King by serial number on Nov 6, 1970. Likely already planning the handgun’s presentation, he then had it sent to Friedrick Wilhelm Heym Co. in Germany for custom embellishment. They clearly spared no expense, slathering the little K-frame revolver with relief leaf and scroll engraving, gold and silver inlaid borders, and five incredible raised gold North American game animals. An expected sight on a fine large game rifle perhaps, but a rare and opulent touch for this small Smith & Wesson.
Such exquisite work also extends to the staghorn grips which have been elaborately engraved in a similar vine and scroll pattern and feature two engraved game animals of their own. Not a square inch of this gun was left undecorated, a feat not unsurprising to those familiar with Elvis’ style during that time. Once completed, he brought the Smith & Wesson along on a trip to Washington D.C. and presented it to Vice President Spiro Agnew that same year. Unfortunately for Agnew, he was only able to keep the presentation revolver for a short period of time before returning it as he was under investigation for corruption, which would eventually result in his resignation and other penalties.
With the Smith & Wesson back in the King’s possession, it was only a matter of time before he would find occasion to present the handgun created for such a purpose. That opportunity came when some of Elvis’ friends were going to be stranded at a local airport. Elvis called the sheriff, Gene Barksdale, to call in a favor and have his friends picked up. Such close communication was not irregular as Presley was a great friend to law enforcement, frequently gifting local departments donations, cars, equipment and uniforms for their softball team, and even paying the funeral expenses for a fallen officer. That night, Sheriff Barksdale left with his nephew, an administrative assistant, picked up the hapless travelers and shuttled them to Graceland. While Elvis was talking to Sheriff Barksdale the subject of guns was brought up, and before long he said, “Well, sheriff, I got something for ya.” The King left the room and when he came back, he had this very Smith & Wesson Model 19-2 in his hand and presented it to Sheriff Barksdale, much to the sheriff’s complete surprise. At a later date, Sheriff Barksdale passed that Smith & Wesson Model 19 on to his nephew, the administrative assistant who helped ferry the travelers that night. From that nephew, this incredible Elvis revolver memorabilia comes to Rock Island Auction Company and to gun collectors and Elvis enthusiasts around the world.
Colt Python of Elvis Revolver Memorabilia
Lot 472: Historic Extremely Well-Documented Exhibition Quality Engraved, Inlaid and Carved Colt Python Double Action Revolver Presented by The King of Rock & Roll Elvis Presley to Employee Richard Grob. The Elvis revolver memorabilia sold for $172,500 in May 2017.
It’s no secret that in recent years the popularity, and resultant prices, of Colt Python double action revolvers has skyrocketed. Add to that the ever-present demand and the consistently high prices of Elvis memorabilia and you’ve set the stage for a bidding war at auction. This Colt Python was also owned by Presley and is accompanied by its original registration to the King. Even as early as 1973, the Elvis revolver memorabilia was featured in Guns Magazine so while it has been in the public eye for some time. But, it has not been available for public sale since Elvis himself bought it. Until now.
As can be seen, it is decorated in the same style as the Smith & Wesson Model 19-2, with the work again performed by Friedrick Wilhelm Heym Co. in Germany. This sumptuous snake gun was presented by Elvis to Richard Grob, the Director of Security and Operations for Elvis Presley Enterprises. Grob worked for Presley from 1967 until his death in 1977 and in that time became a close personal friend and confidant. He advised the King on many of his firearm purchases and frequently accompanied him to firing ranges. We may have him to thank for some of the wonderful Elvis revolver memorabilia that exists today!
This Colt Python enjoys 95% coverage of the same masterfully executed relief leaf and scroll engraving that was ordered on his Smith & Wesson Model 19. Silver and gold inlays abound, often serving as borders, and again five raised gold North American big game animals make their presence known around the frame. The scrimshaw-esque grips are again a perfect compliment with their sweeping scrollwork framing a leaping stag on one side and a pouncing mountain lion on the other.
Elvis’ Shelby County Sheriff’s Badge
Now, this may not be Elvis revolver memorabilia, but it is still an iconic piece of for collectors. As aforementioned, Elvis was a big supporter of law enforcement, frequently donating to police departments in a number of different ways, adding yet another layer of complexity to the man. One might expect him to be close with and support law enforcement. After all, they often escorted him during his tours and performances. However, given Elvis’ rock-n-roll persona of sexuality and rebellion, along with his playing of music from both sides of a then very real color line, it is all too plausible to see how he could have clashed with authority.
Elvis’ respect and admiration of the profession led to a collection of badges, with this particular one being presented to Presley by Shelby County Sheriff Roy Nixon on February 10, 1972, when he was also appointed chief deputy sheriff. He then took the badge, number six, added the diamonds and rubies to it, and carried it with him for four years until he presented it to Nixon’s successor Billy Ray Schilling. Sheriff Schilling then removed his own Sheriff’s Badge with the number one on it, indicating the highest rank in Shelby County, and presented it to the King.
This badge is a perfect microcosm of Elvis’ glitz and glam, his deep appreciation for law enforcement, plus the charity and concern he showed to the community of Memphis, TN.
Elvis Presley Signed Contract to Purchase Graceland
Mount Vernon, Monticello, Falling Water, Graceland. When pressed to name famous American homes, Graceland is a name that invariably rises to the top. It is synonymous with Elvis Presley and his legend. This contract, offered by Rock Island Auction Company, is the real estate transaction for Graceland dated March 17, 1957. Surprising that such an estate could be transacted on two simple pages, it represents a pivotal moment in the life of the King.
It is signed by Elvis, his parents, Vernon and Gladys Presley, and his real estate agent, Virginia Grant, who kept the contract from March 21, 1957 until May 25, 1995. Handwritten in red ink, Grant calls it the “first contract” in several accompanying documents. Also included with the documents is Grant’s book recounting the story of the sale, How Elvis Bought Graceland. The paperwork indicates that Elvis purchased Graceland for $102,500 at the age of 22 making it a great piece of Elvis memorabilia. As part of the offer, he traded the Presley’s home at 1034 Audubon Drive for $55,000. The remainder of the purchase was funded by a $10,000 cash deposit and a $35,500 mortgage.
Photo courtesy of Graceland.com
Documents of the “Memphis Mafia”
The “Memphis Mafia” is the nickname given by the media to Elvis and several of his closest friends who were deputized by the Shelby County Sheriff’s Department. He liked the name and it stuck. Think of them as a “Rat Pack” of boyhood friends, fellow musicians, and trusted associates. They were on Elvis’ payroll for a myriad of specific tasks and helped the King maintain an air of privacy, as well as a lifestyle of long nights often fueled by pharmaceutical drugs.
In this lot are dozens of documents, six of which are signed by Elvis himself. They include Elvis’ special deputy applications, affidavits, cover letters, Elvis’ authorization to carry a firearm, a rail travel card, special deputy ID cards, numerous documents related to his father, and much more. Please keep an eye out for the publishing of our online catalog for a full description of the numerous items included in this lot.
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