Comment by Vicinity9635
1 day ago
TSA's searches without a warrant are illegal.
The fourth amendment:
>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.
And no, you cannot convince me that searching families flying to see grandma for Christmas is a "reasonable search".
Unfortunately almost every court that has considered the question has concluded otherwise. https://repository.law.umich.edu/cgi/viewcontent.cgi?article...
Also, the question has been largely sidestepped by the fact that travelers consent to search by voluntarily proceeding into the secure (airside) area of the airport, and there are usually--if not always--signs at the TSA screening point that say so. It’s not like you’re being involuntarily searched at the check-in desk.
The courts are allowed to be wrong, it's true.
If you think you know better, you should fight your own test case and publish a running report on how it’s going instead of armchair lawyering.
You are entering government property so they have a right to search you. Just like if you enter a sporting event they have a right to search you. You are free to not use either service.
Now we could argue that this isn’t a desirable way to do things but I don’t how it would violate the fourth amendment.
Read the fourth amendment since you clearly didn't the first time.
As an attorney, I can tell you that a naive reading of words in the Constitution is not how law is decided.
14 replies →
The Fourth Amendment only applies to places flying a flag with gold fringes