Wednesday, November 17, 2010
New Jersey Fights Back
It is high time that someone starts standing up for our personal rights and freedoms granted us in the Constitution.
The Fourth Amendment (Amendment IV) to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures. The amendment specifically also requires search and arrest warrants be judicially sanctioned and supported by probable cause. It was adopted as a response to the abuse of the writ of assistance, which is a type of general search warrant, in the American Revolution. Search and arrest should be limited in scope according to specific information supplied to the issuing court, usually by a law enforcement officer, who has sworn by it.
In Mapp v. Ohio, 367 U.S. 643 (1961), the Supreme Court ruled that the Fourth Amendment applies to the states by way of the Due Process Clause of the Fourteenth Amendment. The Supreme Court has also ruled that certain searches and seizures violated the Fourth Amendment even when a warrant was properly granted.
An airline ticket IS NOT A SEARCH WARRANT.
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2 comments:
Just as a matter of law, the Supreme Court has ruled on such issues as checkpoints and airport screening. The issue is that if it is applied to everyone, a search at a checkpoint or screening point is constitutional provided that people have a choice to go through the checkpoint. Like entering a federal office building. They can chose to enter or not, therefore it meets the reasonability standard of the 4th Amendment. I don't see this a winner on constitutional issues, but it could be a winner in the political arena.
I have no problem with the metal detector and perhaps even the sniffer, but the new porn flick or grope is too much.
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