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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsDHS declares Search and Seizure rights inside 100 miles of USA border
The Department of Homeland Securitys civil rights watchdog has concluded that travelers along the nations borders may have their electronics seized and the contents of those devices examined for any reason whatsoever all in the name of national security.
The DHS, which secures the nations border, in 2009 announced that it would conduct a Civil Liberties Impact Assessment of its suspicionless search-and-seizure policy pertaining to electronic devices within 120 days. More than three years later, the DHS office of Civil Rights and Civil Liberties published a two-page executive summary of its findings.
...
The President George W. Bush administration first announced the suspicionless, electronics search rules in 2008. The President Barack Obama administration followed up with virtually the same rules a year later. Between 2008 and 2010, 6,500 persons had their electronic devices searched along the U.S. border, according to DHS data.
According to legal precedent, the Fourth Amendment the right to be free from unreasonable searches and seizures does not apply along the border. By the way, the government contends the Fourth-Amendment-Free Zone stretches 100 miles inland from the nations actual border.
http://www.wired.com/threatlevel/2013/02/electronics-border-seizures/
KamaAina
(78,249 posts)Since the Constitution no longer applies to San Diego, Detroit, Buffalo and many other places?
PDJane
(10,103 posts)Inverted totalitarianism.
KG
(28,751 posts)bvar22
(39,909 posts)So what is a fool who cares about our democracy to do?
AtheistCrusader
(33,982 posts)diabeticman
(3,121 posts)Next they are going to expand that to 250 miles from the boarder than 1000 miles.. Than everything from one boarder to another...
And that is the 4th amendment being stripped away more by another department of U.S. Government.
jsr
(7,712 posts)unblock
(52,205 posts)counting both land borders and coastlines?
pediatricmedic
(397 posts)MindPilot
(12,693 posts)I live roughly 3 miles from the beach and 20 miles from the border. So from an individual rights standpoint, my backyard is no different than the airport. With the possible exception of the fact that when I'm at the airport, I have voluntarily waived my rights. I made no such agreement when I moved to San Diego.
I hate this fucking oppressive police state of a country. I would leave in a heartbeat, but unfortunately there is no place on this planet where you are not under the jackboot of the US government.
Suicide is looking more and more like a viable alternative.
green for victory
(591 posts)^^ +100
Spitfire of ATJ
(32,723 posts)Sounds like someone needs to go to the French Riviera.
ChisolmTrailDem
(9,463 posts)There is no such thing as the 4th Amendment "does not apply". Something called a "Fourth-Amendment-Free Zone" is automatically un-Constitutional. Period.
COLGATE4
(14,732 posts)that border searches and seizures are not subject to the 4th Amendment. Just depends on how you define "border".
skepticscott
(13,029 posts)What the Supreme Court decides is a "reasonable" search. Only "unreasonable" searches are prohibited under the 4th Amendment.
bluedigger
(17,086 posts)Expect to be subject to search and seizure anywhere in Delaware, New Jersey, Connecticut, Massachusetts, Rhode Island, Maine or Florida...
RC
(25,592 posts)Them too.
RC
(25,592 posts)If she were to be stopped by the "Border Patrol" on a 'cause we can' excuse, it would not be pretty.
OnyxCollie
(9,958 posts)in the Japanese internment.
[IMG][/IMG]
dsc
(52,160 posts)especially if oceans are put in that definition of border. I could see a few miles within the Mexican border and the Canadian border is being reasonable, but not 100 miles and surely not 100 miles within the ocean and the great lakes.
RC
(25,592 posts)Our repressive overlords do not like that.
HiPointDem
(20,729 posts)dmr
(28,347 posts)You and your family could be peacefully driving home or be on vacation anywhere in the state and be stopped.
It angers me so much I can't even articulate my thoughts.
- snip - The government has long been able to search people entering and exiting the country without need to say why, which is known as the border search exception of the Fourth Amendment.
After 9/11, Congress gave the Department of Homeland Security the right to use some of its powers deeper within the country, and now DHS has set up at least 33 internal checkpoints where they stop people, question them and ask them to prove citizenship, according to the ACLU.
"It is a classic example of law enforcement powers expanding far beyond their proper boundaries in this case, literally, said Caroline Fredrickson, who heads the ACLUs Washington, D.C., Legislative Office.
The ACLU says it has scores of complaints from citizens and wants Congress to investigate and roll back the buffer zone. According to a map the rights group released Wednesday, some 190 million citizens live within what the ACLU dubs the "Constitution-free Zone."
- more at link -
http://www.wired.com/threatlevel/2008/10/aclu-assails-10/
You know the old adage? Given them an inch and they'll take a mile?
cali
(114,904 posts)and the midatlantic states and and and.
bemildred
(90,061 posts)Since the declaration in the OP is that all searches are "reasonable", this is clearly an attempt to bullshit their way through to what they want, because they are too lazy or incompetent to deal with the quite modest requirments of the Bill of Rights.
we can do it
(12,184 posts)Don't misread this- I am very pissed off about the theft of our civil liberties, but if we can't afford meals on wheels for old people, how can we afford this shit???
KG
(28,751 posts)MindPilot
(12,693 posts)if you're not doing anything wrong, there's nothing to worry about and besides it is to keep YOU safe.
OldDem2012
(3,526 posts)...I'd be willing to bet they're just as pissed about this as we are.
Additionally, how will the SCOTUS view the law once it reaches them? I can't imagine any of them would support this.
sarisataka
(18,626 posts)where the Constitution may be suspended by administrative action...
National security my ass, why is this computer more dangerous if I am in San Diego than in my house? I can do the exact same things no matter where I happen to be. I expect this will soon be extended to include point of entry, thereby covering 90%+ of the US.
JCMach1
(27,556 posts)Don't even get me started...
GoneOffShore
(17,339 posts)But I expect them to arrive any second with their "If you haven't done anything wrong, you've got nothing to worry about" bullshit.
HiPointDem
(20,729 posts)OnyxCollie
(9,958 posts)Maybe a funny cat pic with a "Derp" caption, followed by a ROFL smilie.
woo me with science
(32,139 posts)like the rest of our media.
Spitfire of ATJ
(32,723 posts)1monster
(11,012 posts)that 100 mile swathe DHL is claiming.
I guess I live in a Bill of Rights Free Zone. Hmmm.... I can't find that zone mentioned anywhere in the Constitution. My copy must be defective or somethign.
iandhr
(6,852 posts)WHEN CRABS ROAR
(3,813 posts)So where's the conservative outrage, or for that matter, where is the outrage from all of us?
Anyone have any solutions to the assault on our rights, what will it take wake up the American people?
Arcanetrance
(2,670 posts)"The President Barack Obama administration followed up with virtually the same rules a year later. Between 2008 and 2010" Does anyone remember how much we protested under bush about his expansion of the police state but I don't hear much of a peep from our side anymore. We should be back in the damn streets.
forestpath
(3,102 posts)woo me with science
(32,139 posts)FUCKING YET?!
KT2000
(20,577 posts)Our homeland security people are bored to death and will likely jump on this new authority.
How can this be legal in the US.
OnyxCollie
(9,958 posts)to ensure funding for the Border Patrol during the sequester.
Republicans unveil government funding bill that would boost military readiness, protect FBI
http://www.medicinehatnews.com/business/republicans-unveil-government-funding-bill-that-would-boost-military-readiness-protect-fbi-20130304.html
WASHINGTON - Republicans controlling the House moved Monday to give the Pentagon more money for military readiness while easing the pain felt by such agencies as the FBI and the Border Patrol from the across-the-board spending cuts that are just starting to take effect.
~snip~
After accounting for the across-the-board cuts, domestic agencies would face reductions exceeding 5 per cent when compared with last year. But Republicans would carve out a host of exemptions seeking to protect certain functions, including federal prisons and fire-fighting efforts in the West, and to provide new funding for embassy security and modernizing the U.S. nuclear arsenal. The FBI and the Border Patrol would be able to maintain current staffing levels and would not have to furlough employees.
Isn't that nice?
Betsy Ross
(3,147 posts)100 miles in from the coast and 100 miles across the southern end.
The Straight Story
(48,121 posts)20 miles surrounding any federal land or military installation.
Give em time.
TrogL
(32,822 posts)I have no idea what DHS would consider "suspicious".
Demo_Chris
(6,234 posts)Gman
(24,780 posts)KansDem
(28,498 posts)I thought programs were being cut back...and now this?
Where are the funds coming from? Are they cutting my Social Security so they can steal my MacBook?
Doesn't seem hardly cricket...
johnnyreb
(915 posts)It's ok! More and more of the young people don't know the difference. Lots of 'em don't even think much of torture. 'Far as they know, it's always been this way. All them dead soldiers and sacrifices and stuff from days gone by-- shoot, that's just boring ol' history. Recall that the world is a battlefield now. And always remember that a SAFE American, is a brave American.
THE WHITE HOUSE, September 11, 2012.
http://www.whitehouse.gov/the-press-office/2012/09/11/presidential-memorandum-continuation-national-emergency-respect-certain-
limpyhobbler
(8,244 posts)MadrasT
(7,237 posts)I voted for Obama twice so this shit would STOP