based on what I have been reading from some freepers on the Patriot Act threads - you will see some people agreeing that use of a gieger counter without a search warrant violates the 4th amendment.
Unfortunately, it's becoming very obvious that people are practically asking the terrorists to explode a few nukes in the US, by trying to tie the Adminstration hand and foot, so they won't be able to find out and prevent attacks.
"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."
How exactly does a Gieger counter violate the 4th amendment?
Muslim Extremists boast of trying to obtain nuclear material to bomb the US. Volumes of evidence show that they use ordinary looking Muslims and Arabs to hide terrorists networks.
A nuclear bomb would kill millions. we've already had 2000+ killed in New York.
Is it unreasonable to use non-invasive means of monitoring for radiation that would only be emanating from illegally held nuclear material?
The Supreme Court ruled that using infrared scanners to look for evidence of crimes without a warrant was unconstitutional. Scalia wrote the majority opinion..
"We think that obtaining by sense-enhancing technology any information regarding the interior of the home that could not otherwise have been obtained without physical "intrusion into a constitutionally protected area",(Silverman, 365 U.S., at 512), constitutes a search-at least where (as here) the technology in question is not in general public use."
There are other ways to detect radiation other than a bulky ole geiger counter. You start by looking at types of personal dosimetry monitors or TLDs.
My TLD that was assigned during to decon and decontamination project could pass for pager. There are some pretty hi-tech new fangled devices out there beyond a bulky geiger counter.
they seem to confuse criminal investigation with enemy intelligence gathering ops...
This reminds me of a news story from last month where a group of lawyers was arguing against searching backpacks at subways because it violated the "public's expectation of privacy."
This falling into the same oxymoron of public-privacy. They argue that using a geiger counter in a public place that can detect emmissions from within a private place is a violation of privacy. Does the same logic hold true if a person in that same spot smells smoke? Are they not supposed to report it to try to prevent a fire?
-PJ
Trolls and Moose-limbs, perhaps.
You see, when you have nuclear materials sufficient to trigger remote detection, you risk emanating a lot more than a "penumbra".
What part of 1st amendment deals with the right to keep and bear nukes, anyway?