TSA ‘Strip and Grope’: Meet the Fourth Amendment

Pajamas Media ^ | November 16, 2010 | Dan Miller

[DanMiller]

The new airport security measures meet the definition of "unreasonable search."

Under the Fourth Amendment to the Constitution:

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.

More than two hundred years old, the Fourth Amendment and many other parts of the Constitution often get lost or simply ignored in the fog of bureaucracy en route to enhanced governmental authority over United States citizens. That is not a good thing. Unlike much modern legislation, the language of the Fourth Amendment is short, simple and relatively easy to understand. However, the often incomprehensible gloss applied through legislation and judicial interpretation has made the very important word “unreasonable” difficult to interpret abstractly. However, there is no need for abstract evaluation of the current TSA procedures; they violate the Fourth Amendment no matter how abstractly viewed.

Being Muslim or a member of some other currently protected class probably helps to avoid unpleasant strip searches, being groped, or “no fly list” alternatives. Being an elderly grandmother or a young man or woman busy caring for small children probably does not. Were someone dressed in Muslim garb, speaking in an Arabic language and too busy kneeling in prayer to permit an electronic strip search and then subjected to a “grope” search on pain of being refused boarding, he would probably be seen by some as having more compelling objections and would certainly gain more support from such "patriotic" organizations as CAIR.

[668 - Neighbor of the Beast]

Not enough people agree with you. Apparently none in the action category. We are just not a tar-and-feathers people anymore.

Seen this thread? http://www.freerepublic.com/focus/f-news/2627736/posts

The 4th Amendment says they can’t search you at their sole discretion, they say they ought to be able to KILL you at their sole discretion.

[RightOnTheBorder]

“Or you can read the Constitution and the case law and realize that the 4th Amendment doesn’t apply to standing in line to get on a plane at the airport.”

Case law also says that women have the federally mandated right to kill babies in the womb. Just because you get some a-hole in a black robe to say it doesn’t make it true. That said, please point me to the part of the constitution allows sexual assault to be a condition of boarding an airplane.

[longtermmemmory]

that attitude is 100% useless.

Try to go to hawaii by train?

How about travel overseas?

even coast to coast travel is impractical on land unless you are a retired or have nothing better to do.

The government owns airports, the government sells airplane takeoff slots, the government controls secuirty.

The fourth amendment argument is well placed.

[rurgan]

The TSA is doing to our freedoms what the EPA is doing to the U.S.A’s economy.

Abolish or repeal all the laws that autrhorize ALL these government agencies. Repeal every law to 1890 = problems solved one and all.

Also Democrats are trying to pass the Dream act Amnesty for illegals NOW in the Lame duck session. We should email Rush, Drudge, call Senators etc. 99% of the American people don’t even know the Democrats are trying to pass the Dream act:

http://www.freerepublic.com/focus/news/2627956/posts?page=1

[6SJ7]

In fact, Goldberg reports that he was told directly by a screener: “That’s what we’re hoping for. We’re trying to get everyone into the machine.”

This all sounds so very familiar...

[longtermmemmory]

If a freedom of speech case can pertain to airport passengers waiting in line (right not to hear speech) then the fourth amendment can equally apply.

[Candor7]

The right of the people to be secure in their persons>>>>>>>>>>>>>>>>>>>>>>>>>>

Problem. Constitutional rights cannot be waived.

[del4hope]

I have been hollering this for a few years now. No one listens to me...so I no longer fly.

[been_lurking]

Or you can read the Constitution and the case law and realize that the 4th Amendment doesn’t apply to standing in line to get on a plane at the airport.

Does it apply to standing in line at a bank? Does it apply to standing in line at the grocery store? Does it apply to standing in line at a sports arena? All of these are potential terrorist targets that have been aggressively attacked in other countries.

The U.S. constitution forbids "unreasonable" searches. You think flying on an airplane is evidence of a "reasonable" suspicion that you are a terrorist. Many of us do not.

If this were truly the case, then it would also be "reasonable" for the Government to search the homes, cars, and work places of every airline passenger. After all, the Government have already made the determination that "reasonable" suspicion of a crime is attached to being a commercial airline passenger.

I don't believe it is "reasonable" for the Government to suspect that all airline passengers are terrorists and therefore subject to invasive searches of their persons. I find the assumption that all airline passengers are terrorists to be completely "unreasonable" on its face.

[superloser]

People need to get over it!!

This seems to be just fine with you:

[del4hope]

I do, America does not.

[Mouton]

I don’t see the connection between wiretapping and someone groping my crotch...wiretapping needs some form of judicial review except in extreme exigent circumstances. Apparently groping just requires you to show up with an airline ticket.

[668 - Neighbor of the Beast]

Remember, it's only unreasonable search if the SCOTUS says so.

[AlanGreenSpam]

And your point...?

Not sure if you are making an argument for or against what I said.

I’m not looking for a confrontation here, just a discussion.

[JTHomes]

I wonder, if you submit to a search like this, if they find contraband, seems like it wouldn’t be admissible as evidence.

[MayfairFly]

I know this has probably been posted a “million” times, but I think some old guy once said this: “They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety” I believe his name was Ben Franklin... Are we now a nation of cowards

Other quotes you may have heard: "Give me liberty or give me death" and "Live free or die".

[Kozak]

Well, if they give me the high grade patdown can I at least ask for a “Happy Ending”?

[Lazamataz]

If you are unwilling to go through the body scanner or be patted down perhaps you should take the train or a bus.

Do you honestly believe that screening for trains and buses won't be next?