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Reply #80: Good question. The 4th amendment is the most obvious [View All]

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sabrina 1 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-29-10 03:13 AM
Response to Reply #79
80. Good question. The 4th amendment is the most obvious
part of the Constitution these searches of people most intimate possessions, their bodies, violate. To conduct such a search, the 4th Amendment requires probable cause and then a warrant.

I think the 5th Amendment is also violated as no one is required to help the government implicate them in a crime and we as citizens have a right to 'take the fifth' if and when we believe we are being coerced into doing so. People are not suspects in a crime just because they buy an airline ticket, yet this is how they are being treated. In fact, they are being treated in some cases as if they have already been convicted of a crime.

When Tyner decided to leave the airport, to in effect exercise his 5th Amendment rights and protect his 4th amendment rights, the TSA threatened him. He was threatened with an $11,000.00 fine and/or possible arrest. Although when he asked if he was being arrested because he wanted to leave, it seems neither the agents nor the police were willing to put that into words. So clearly someone knew that they did not have the right to threaten an innocent person with arrest for refusing to forfeit his rights.

This battle has been going on for six years, and there are lawsuits filed against the use of these machines right now with more being filed since they were actually installed. Several of the suits claim that the machines should be banned as they violate the 4th Amendment.

There are other laws that I think may be violated also such as the right to freely travel from state to state with government interference.

The fact that these machines only affect those traveling within the U.S. while people coming from overseas are not subjected to them, is just plain illogical and proves they are not about security.

The ACLU has received over 900 complaints so far and on their site has pointed out that there are no laws governing the use of these tactics, machines/patdowns, only TSA policy. So it looks like it would be hard for the TSA to defend against lawsuits based on the law.

Two pilots have also filed lawsuits about two weeks ago, and the TSA has backed down on forcing pilots to comply with these policies. The pilots fought back and the TSA backed down, that suggests that the TSA realizes it has no standing to force these policies on law-abiding citizens.

And now, NY and NJ are introducing legislation to ban their use in their states. The move is a bi-partisan move in both states, with Democratic legisator, Greenfield saying that 'they set a dangerous precedent' and 'we do not want them in our state'.

When the people stand up, oppressive government tactics can be pushed back, IF they do it before it's too late.

It will be interesting to watch the results of all these lawsuits though. I hope the courts will settle the matter once and for all.

Thanks for your post, I am basing my response on what I have read from experts on Constitutional rights, sorry not to provide links, but I am rushing right now and am responding from memory.

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