Let’s talk about the fourth amendment.

20 Dec

The fourth amendment protects us against unreasonable searches and seizures without probable cause:

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/

So let’s ask ourselves, are these searches unreasonable?  It is very hard to make the argument that looking at our naked bodies in any way resembles reasonable.  Whether the agent viewing our bodies is in front of us or hidden out of sight is NOT the point.  The point is whether or not it violates our rights to demand to see us in this way.  It clearly does.

What about the enhanced pat downs?  These are also unreasonable!  The fact that the officer is the same gender as the passenger, or uses the back of their hands instead of their palms does not change the fact that they will be touching the passenger, who is not accused of a crime, invasively.  We would not allow our police officers to conduct these screenings at the entrance to the grocery store.  In fact we would not allow an officer to insist that we remove our shoes or take our water from us at the entrance to a grocery store.  We would rightfully expect them to get a warrant first.  Yet we have no more right to shop at any particular store than we have to fly.

Does probable cause exist?  Purchasing a plane ticket or any other legal item is not probable cause and can never be considered such.  Guns are much more directly related to criminal activity than planes and we would never allow the police to search the home and person of every individual with a license to own a gun.

This all started with water and shoes.  Where will it end?  Terrorists will attack us anywhere we congregate.  Will we allow ourselves to be scanned and patted down anywhere we congregate?  I hope not.  We must let out politicians know that this is NOT the right direction for our country.  Write your representatives TODAY and tell them that if they aren’t protecting our freedoms than they aren’t protecting us at all.

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