Comment by stretchwithme | Hacker News Reader

Comment by stretchwithme | Hacker News Reader

The Fourth Amendment to the Constitution explicitly protects the people from unreasonable searches.

"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."

One might say that you submit to this as part of the deal to get on the plane. But if that were true, it would be between you and the airline, not the government. That means it really should be the airlines that decide how intrusive searches should be. And you would be free to choose an airline whose policies you agree with. And the airline would be free to reject you as a passenger.

The government has hijacked the relationship between you and the people you've hired to get you from point A to point B. Just because of previous lapses in their intelligence efforts enabled some people to do something terrible doesn't mean you lose your rights.

I looked this up the other day and came across the following on TSA.gov:

"Even prior to the passage of ATSA and the Federalization of the screening work force, Federal courts upheld warrantless searches of carry-on luggage at airports. Courts characterize the routine administrative search conducted at a security checkpoint as a warrantless search, subject to the reasonableness requirements of the Fourth Amendment. Such a warrantless search, also known as an administrative search, is valid under the Fourth Amendment if it is "no more intrusive or intensive than necessary, in light of current technology, to detect weapons or explosives, " confined in good faith to that purpose," and passengers may avoid the search by electing not to fly. [See United States v. Davis, 482 F.2d 893, 908 (9th Cir. 1973)].

While the searches at the airport will be conducted by private screening companies, such searches will continue to be subject to the Fourth Amendment requirements of reasonableness because they are conducted at the instigation of the federal Government and under the authority of federal statutes and regulations governing air passenger screening." --http://www.tsa.gov/what_we_do/optout/spp_faqs.shtm (search for "amendment")

and searches of you on the street can be avoided by electing not to leave your home.

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