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Author Topic: The 4th Amendment to the U.S. Constitution  (Read 732 times)
TJ Brennan
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« on: November 18, 2010, 05:33:56 pm »

The Fourth Amendment to the U.S. Constitution reads:

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.

If a cop pulled us over and searched us because we were the fourth person he stopped so he felt obligated to search us by feeling our front, sides, butt, crotch, etc.  Such a cop would be in deep trouble for groping us.  Yet the TSA makes it mandatory.  The body searches done by the TSA definitely violate our person and they search us with NO probable cause!

Why do the people permit this violation of the 4th Amendment?   AARRGGHH
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Salba
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« Reply #1 on: November 18, 2010, 06:39:21 pm »

TJ:

I suspect it would fall under a 'consent' search caveat; similar to what happens at a military base where they post the signs saying vehicles and persons entering this facility are subject to... etc.

You don't want to be searched - don't seek access.  You don't want to go through the TSA search - don't fly. Buying the ticket 'knowing' the security procedures means you are "consenting" to the known search procedures and therefore "probable" cause isn't necessary.

Don't like it - but don't think it's illegal at this point in time.

I don't fly unless I absolutely have to - but until millions of folks stop flying, they'll get away with it.  The terrorist win regardless of whether or not they can blow up another plane when they get us this wrapped around the issue, and our government goes to far.

Sonny
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The Serenity Prayer

God grant me the serenity to accept the things I cannot change;
courage to change the things I can; and wisdom to know the difference.

                 -- Reinhold Niebuhr --
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