Amerika, the beautiful?
Does your laptop have rights?
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. - Amendment four of the US Constitution
Note carefully that the only clause is one that includes probable cause and due process. This is followed closely by the fifth Amendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. - Amendment five of the US Constitution.
There is no need to pass new legislation to enable these rights. They are already the supreme law of the land.
Present law permits border and customs agents to conduct electronic fishing expeditions. - referenced LA Times article
Actually, it does not.
The reason airport searches are exempt from the 4th Amendment’s protection against illegal searches is that baggage might conceal contraband or dangerous materials. - referenced LA Times article
That is actually a very weak argument but one that both the DEA and TSA use extensively. That it is used and often upheld does not make it correct.
Extending that exception to allow federal agents to rifle through the content of electronic devices is unjustifiable. Unfortunately, two federal appeals courts, in cases involving child pornography, have upheld the Department of Homeland Security’s policy of allowing searches of electronic devices at the border. - referenced LA Times article
This is where I can agree but it needs no special legislation as it is already specifically written into the US Constitution, a Constitution that all Federal Employees are sworn to uphold and defend. What it needs is action by the ACLU or voting citizens to tell the government to stop violating our rights. What it really needs is the DHS to and particularly the TSA to be disbanded as rogue agencies of a rogue government.
How many of those confiscated laptops resulted in fair compensation to their owners as required under the fifth Amendment?
All it would take is for one (1) Congress-Critter to bring suit with the Supreme Court. It is certain that at $25M plus, a regular citizen can’t do it anymore, which is itself in violation of the principals behind the US Constitution.
Amerika, the fearful. Home of cowards and the land of the slaves.
(I am tempted to tell you that you deserve what you have but my daughter still lives there.)
Mirrored from The Slamlander.
You can comment here or there. This is also mirrored on Dreamwidth and Facebook.
All rights are reserved under US copyright law. More detail may be found on my Disclaimers and Rights page.
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. - Amendment four of the US Constitution
Note carefully that the only clause is one that includes probable cause and due process. This is followed closely by the fifth Amendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. - Amendment five of the US Constitution.
There is no need to pass new legislation to enable these rights. They are already the supreme law of the land.
Present law permits border and customs agents to conduct electronic fishing expeditions. - referenced LA Times article
Actually, it does not.
The reason airport searches are exempt from the 4th Amendment’s protection against illegal searches is that baggage might conceal contraband or dangerous materials. - referenced LA Times article
That is actually a very weak argument but one that both the DEA and TSA use extensively. That it is used and often upheld does not make it correct.
Extending that exception to allow federal agents to rifle through the content of electronic devices is unjustifiable. Unfortunately, two federal appeals courts, in cases involving child pornography, have upheld the Department of Homeland Security’s policy of allowing searches of electronic devices at the border. - referenced LA Times article
This is where I can agree but it needs no special legislation as it is already specifically written into the US Constitution, a Constitution that all Federal Employees are sworn to uphold and defend. What it needs is action by the ACLU or voting citizens to tell the government to stop violating our rights. What it really needs is the DHS to and particularly the TSA to be disbanded as rogue agencies of a rogue government.
How many of those confiscated laptops resulted in fair compensation to their owners as required under the fifth Amendment?
All it would take is for one (1) Congress-Critter to bring suit with the Supreme Court. It is certain that at $25M plus, a regular citizen can’t do it anymore, which is itself in violation of the principals behind the US Constitution.
Amerika, the fearful. Home of cowards and the land of the slaves.
(I am tempted to tell you that you deserve what you have but my daughter still lives there.)
Mirrored from The Slamlander.
You can comment here or there. This is also mirrored on Dreamwidth and Facebook.
All rights are reserved under US copyright law. More detail may be found on my Disclaimers and Rights page.