Quantum Windbag
Gold Member
- May 9, 2010
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- #381
There are no victims here. They are voluntarily electing to fly and must comply with federal regulations. Your options are to go through the scanner, submit to a pat down or choose not to fly.
So by choosing to fly you are compelled to void your 4th amendment rights?
Tell me what other rights do you want to abandon?
Now if one particularly motivated terrorist successfully blows up a plane with a C4 suppository would you condone cavity searches for all?
In Katz v. United States, 389 U.S. 347 (1967), the Supreme Court ruled that a search occurs only when 1) a person expects privacy in the thing searched and 2) society believes that expectation is reasonable.
Where society's need is great and no other effective means of meeting the need is available, and intrusion on people's privacy is minimal, checkpoints toward that end may briefly detain motorists. In Michigan v. Sitz 496 U.S. 444 (1990), the Supreme Court allowed discretionless sobriety checkpoints. In United States v. Martinez-Fuerte 428 U.S. 543 (1976), the Supreme Court allowed discretionless immigration checkpoints. In Illinois v. Lidster 540 U.S. 419 (2004), the Supreme Court allowed focused informational checkpoints. However, discretionary checkpoints or general crime-fighting checkpoints are not allowed.[28] Further, in Delaware v. Prouse 440 U.S. 648 (1979), the Supreme Court stated that, absent articulable and reasonable suspicion that a motorist is unlicensed or that an automobile is not registered, or that either the vehicle or an occupant is otherwise subject to seizure for violation of law, stopping an automobile and detaining the driver in order to check his driver's license and the registration of the automobile are unreasonable.
Another exception is at borders and ports of entry.
The above excerpts clearly show that the Court has ruled that these types of searches do NOT violate your 4th Amendment rights.
Fourth Amendment to the United States Constitution - Wikipedia, the free encyclopedia
The Supreme Court once ruled that "Separate but Equal" was Constitutional. I am pointing out that, since they are obviously capable of being wrong at least occasionally, they are wrong now. The Constitution clearly requires a warrant for all searches, not just searches people think are unreasonable. That means that what the TSA is doing violates the Constitution, just like segregation did.
Can you argue that it doesn't without resorting to a logical fallacy?