I will start by giving you what the constitution states and what the US Supreme Court has ruled through out the years. The Fourth Amendment to the US Constitution state:
"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."
Basically what this says is that the government can not just search you because they want to or because they have "a feeling" you are doing something wrong. It says that the government can only search you based on "Probable Cause" meaning that they must have some tangible evidence that you have, you are, or you are about to commit a crime. The government does not have the right to say, I think that person may fall into the above categories and then just search them, They MUST have more than just a feeling or a suspicion, they must have something more tangible like a witness, blood evidence, video, etc. Two of the best known cases in which the US Supreme Court has ruled on the Fourth Amendment include Mapp v. Ohio 1961 and Terry v. Ohio 1968. The are to many case to enumerate them all here, but suffice to say that the government can not just search you because they feel like it.
The Supreme Court has stated that there are certain exceptions to the Fourth Amendment. These are:
Plain View = anything in plain sight;
Consent = consent given by a person authorized to do so;
Open Fields = pastures, open waters, and woods because there is no reasonable expectation of privacy there;
Curtilage = the area surrounding a persons property if it is viewed from the air, such as in a helicopter;
Exigent Circumstances = emergencies where there is an immediate need to protect the officer(s) lives, the lives of others, their property, or that of others, and the search can not be motivated by an intent to arrest and seize evidence;
Motor Vehicle = motor vehicles cannot be randomly stopped and searched. There must be probable cause or reasonable suspicion of criminal activity;
Search incident to Arrest = during a legal arrest;
Border Search = This would probably be the most controversial as it applies to this posting. The Border Exception, says that searches conducted at any US Border or International Airport may be conducted without a warrant or without probable cause. They may be totally random without any level of suspicion. However, they can not intrude upon a traveler's personal dignity and privacy interest. Strip searches and "body cavity searches" must be supported by reasonable suspicion of criminal activity.
Now that we have gotten through the Fourth Amendment and the US Supreme Court, let us look at what is happening today in our airports.
The US Government is currently violating the US Constitution - Fourth Amendment, current US Supreme Court Rulings, and the personal dignity of each and every traveler in the country. The machines that the TSA is using to perform the full body scans, essentially perform a strip search of persons, albeit, without them having to physically take off their clothing. This is against our laws. If you should decide that you do not want to go through the full body scan, you can them opt to be physically searched by a TSA employee of the same gender. Again, this is against our laws. As stated above, to perform these types of INTRUSIVE procedures, the government must have REASONABLE SUSPICION OF CRIMINAL ACTIVITY.
As I sat here writing this posting, my wife asked "How can these people get away with breaking the law? Can't they be charged for breaking the law?"
I then explained that the employees are being directed, as part of their job, to perform these searches. So by law they are indemnified (protected) against criminal prosecution and/or civil lawsuits. Obviously the next question is, "can't those who directed them to perform these searches be charged?" Again, those people such as Janet Napolitano, are indemnified by law. This much like a judge who gives a pedophile probation and the pedophile goes out and molests other children because he was not sent to prison. The judge has total immunity (can not be charged) in the performance of his duties.
I was a Law Enforcement Officer for 30 years and I was not authorized to perform strip searches or body cavity searches. These types of searches are generally authorized to be performed at booking into the corrections system. I was not allowed to grab peoples "junk" when performing a pat-down, I was only allowed to pat the person down for weapons or contraband.
In our society we are at much greater risk of being assaulted, raped, murdered, robbed, etc. than we are of being hurt by any terrorists. Yet, our grandmothers, wives, children, men, and even the pilots and stewardesses who fly the planes are subjected to a level of loss of privacy and rights that even the criminals in this country are not subjected to. HELLO, there is something definitely wrong with this picture.
I then ask, "Who are these people that are working for the TSA and conducting these searches?" Lets face it, there are more than a few pedophiles and rapists out there that have never been caught and may never be caught. Do any of these TSA agents fall into this category? If I was a betting man, which I am not, I would bet that there are. Having said that, I believe that most of TSA's employees are just trying to do what they have been ordered to do, but that does not make it right. But I know I would not want anyone strip searching my wife, children or grandchildren or groping them under the guise of performing a pat down search.
All of us have a duty and a right not to follow any unlawful order. We could be prosecuted criminally and/or civilly if we do so. So why do these TSA employees follow this unlawful order? Fear of losing their jobs, they do not know that it is unlawful, they have been told that it is lawful, or maybe they just believe that it is the right thing to do. No matter what the reason, the law is the law and these searches are against the Constitution and all case law that has been issued by the courts.
Think about it. A pilot flies the plane, therefore why would he need a bomb, knife, or gun. The pilot could just fly the plane into the ground anytime he wanted to, but they must go through the same searches. Wow, Ms. Napolitano your policies are just brilliant.
In the past couple of weeks there has been a public outcry because of these latest procedures. If you believe that these are done for "Our Safety" you are terribly wrong and misinformed. These procedures go right to the heart of the Obama Socialist agenda. Like the Health Care Law, these procedures are designed to take away more of our freedom and give the government more control over us. Those of you who have read 1984 and Animal Farm know exactly what I'm taking about.
It is time for the American People to Scream at the top of their lungs, that they are not going to take the governments intrusion into their lives any longer. What we all should do is totally shut down the airports. Plain and simple DO NOT FLY! What do you think would happen if the American people stopped flying? Within a week the airlines would be in court filing for bankruptcy and raising hell with the government.
It's the same thing with the Health Care Law. What's the government going to do if the American people refuse to buy health insurance? Fine us all. And if we refuse to pay the fine, are they going to put over 300 million people in jail? The answer is no, they are going to have to change what they do. That is what would happen.
In closing, I urge all of my fellow citizens to refuse to fly, write your Senators and Representatives telling them to stop this madness. If we do not stand together NOW against the tyranny of the Obama Administration, we will be condemned to a life where freedom will just be an old memory.
I FOR ONE WILL EXERCISE MY CURRENT ( with Obama and his henchmen in power who knows how long we'll have this right) RIGHT AND NOT FLY ANYWHERE. I WILL DRIVE EXERCISING MY RIGHT OF FREEDOM OF MOVEMENT AND GET TO SEE OUR GREAT COUNTRY IN THE PROCESS!
You are misinformed and giving out wrong information. Go back and look at the Constitution. You even listed what It falls under.
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