Do you think that the TSA is violating the citizen's Fourth Amendments Rights?
I just heard the Diane Rehm show where I learned the New York airports will not allow the scanners. I also found a super new animated video which shows how the people are responding. This has truly caused a powerful reaction by the people to speak out. How do you feel about these new regulations?
The DHS/TSA is violating our Fourth Amendment rights. First of all, the real reason the TSA even uses the backscatter X-ray has nothing to do our protection. It is because Rapiscan Systems wanted a billion-dollar contract to sell these devices to the TSA. The TSA Director and several congressmen were the subject of a lobbying initiative. A company pays a lobbyist a $7,500-$10,000 monthy retainer to go to DC and get politicians to set aside funding for something that only one company in the world manufactures. Metal detectors have never failed to catch someone carrying a gun.
That said, the fourth amendment of the US Constitution prohibits unlawful search or seizure without a warrant or probable cause. A 4-year-old taking a ride on an airplane does not constitute "probable cause". But the law is somewhat flexible. Putting our personal items through a metal detector is acceptable. Removing our shoes is stupid, but I'll let that slide as well. Causing security to take twice as long just so people can stand in front of a backscatter X-ray is not acceptable. I have flown on a lot of commercial airlines and I have seen enough TSA personnel to know that it would be irresponsible to put an Backscatter X-Ray in their hands. Many of them are barely-literate drones who see the world as black and white. Their hours of performing mundane tasks causes them to not see people as humans. I shudder at the idea that they sit in hidden rooms looking at naked passengers all day like adolescent boys (Rapiscan is a fitting name). Give it a few years, and pictures of scanned people will start showing up on the internet.
I can't agree with you more Old Empresario. People who have influence trying to take advantage of the system for money. The rational they use is safety, but the irony is that it is UNSAFE! They don't care about the people at all.
And, those drones they put in power have no consideration or use discernment to see that an infant or old woman, a handicapped, or survivor will not cause harm, but instead with undergo emotional trauma from this type of treatment.
Check out the OPT-OUT DAY on November 24, 2010
I personally believe that they are violating our rights to privacy. No one should have to go through a full body scanner to get on an airplane. Our rights are being slowly taken away one by one until there is complete, and total control over our lives.
This is the price we have to pay for "safety". Even though underwear bomber got through detection in Chicago. I feel bad for those who have to commute on airlines, and go through what seems like cattle processing.
I won't be flying. This is just another violation of our rights since 9/11.
According to ACLU Briefing Paper Number 5, the 4th Amendment says, "that the government cannot search everyone to find the few who might be guilty of an offense. The government must have good reason to suspect a particular person before subjecting him or her to intrusive body searches. It is wrong to do intrusive body searches "if they are not based on some kind of individualized suspicion."
I am more than glad to see that there is finally something that gets people to their feet and that in high numbers! It is about time, that we all stand up and tell them that we don't accept to be treated like criminals just because we want to fly from one airport to another.
I'm convinced that the so-called "crotch-bomber" was planted on the airline in order to get approval for the multi-million dollar deal with these machines just as they had finished the development of them. What a "convenient coincidence"...
I truly hope that this attack against everybody will mobilize enough people that they will flood the TSA and every governmental agency with lawsuits and complaints, so that they cannot do something else but abolish this scandalous behaviour.
When I see the people who are doing the security checks for the US, I see people who have no power in any other part of their life, so they misuse the powers they seem to have over us. I know hardly more unfriendly and authoritative people than the one's doing the security checks for American airlines, and I don't even want to imagine how it is when they get more power.
I really think we need to swamp them with complaints, so that they and the government of the US see that they have gone too far. If not, I don't even want to think about what will be next...
I'm an attorney, and I absolutely believe TSA searches violate the Fourth Amendment. Subjecting airline passengers to such deep searches without any probable cause whatsoever is facially absurd. It is as absurd as if similar security stations were set up in front of public malls; both are locations subject to a large-scale disaster, but that does not justify invasive searches with no reasonable suspicion.
I was planning to fly home for the holidays, but I have made the decision this year that I refuse to subject myself to unconstitutional behavior from federal authorities. Demand that the airlines and airports remove TSA, or exercise your right to refuse to fly.
Without a doubt, this is a violation of our Fourth Amendment rights. I have written to my Congressman on this issue twice. Personally, I am frightened to think taht such young, uneducated, and untrained TSA agents are permitted to circumvent my civil liberty in the name of "security." It all seems to similar to the Gestapo in my opinion.
"Anyone who trades liberty for security deserves neither liberty nor security."- Benjamin Franklin
No. The essence of the Fourth Amendment is that a person should not be involuntarily subjected to a search without a warrant issued upon probable cause that a crime has been committed. The Fourth Amendment only applies to involuntary encounters with the government. In the context of ordinary crime fighting, a police officer's encounters with a suspect are generally not voluntary encounters, meaning that the police have sought out a suspect and have used their authority to compel the suspect's participation.
A citizen's encounter with the TSA is markedly different from the above-described situation. First, the purpose of a TSA encounter is not that of ordinary crime fighting. TSA searches are meant to prevent acts of terrorism. Second, a citizen is only subjected to a TSA search if he or she chooses to fly. Since a citizen has a choice as to whether he or she will fly (or pursue alternate transportation), a citizen choosing to fly has voluntarily chosen to subject himself to a TSA search. Consequently, the Fourth Amendment is not implicated by such a search.
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