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You are under no obligation to be searched. You are free to refuse being searched, and at anytime you can turn around and walk away. However, you would be hard pressed to demonstrate a Constitutional right to pass through to the boarding area as a result. So if you do wish to pass through to the boarding area, you are in fact consenting to the search.
Actually it has come to light now that once you enter the line and place your items on the scanner there is no longer any opt-out. You can chose how you prefer to be accosted, but apparently one must finish or face a fine and/or prosecution. It's as though the only way to get around it is to not go in the first place.
"Why shouldn't airline passengers be armed to the teeth?"
I'd hate to envision a scenario where armed passengers combat an assailant on a plane already in flight. Say they have to shoot to quelch the situation. If they hit their target then that's one less thing to worry about. Conversely, should they fire and miss, then the bullet has the chance to breach the hull of the plane leading rapid depressurization if not bringing the plane down entirely.
"Why shouldn't airline passengers be armed to the teeth?"
I'd hate to envision a scenario where armed passengers combat an assailant on a plane already in flight. Say they have to shoot to quelch the situation. If they hit their target then that's one less thing to worry about. Conversely, should they fire and miss, then the bullet has the chance to breach the hull of the plane leading rapid depressurization if not bringing the plane down entirely.
Ok..everyone gets a taser instead of a drink at takeoff.
On second thought..everyone gets a taser AND a drink.
It's not for his own good... unarmed people are easy prey. Why shouldn't airline passengers be armed to the teeth?
The obvious problem with that is it gives a huge advantage to anyone seeking to bring down an airplane. Essentially, since a terrorist usually has the element of surprise they get to strike before people can subdue them. On other words the terrorist gets the first bite at the apple so to speak. If everyone on board is armed to the teeth, including the terrorists, its not going to help much if in the initial attack a terrorist disables the aircraft with the weapons he is armed to the teeth with. After all even an atomic weapon won't save you if you are in a disabled plane at 30,000ft
I'm really growing to dislike Glenn Greenwald and this is a perfect case as to why:
This has nothing to do with the Patriot Act TSA, or Obama trying to do an end run on the Constitution. As I a reading the facts presented, the individual in question was entering the country, that isn't TSA, that is U.S. Customs and Customs is exempted from the 4th Amendment:
Border Searches .--''That searches made at the border, pursuant to the longstanding right of the sovereign to protect itself by stopping and examining persons and property crossing into this country, are reasonable simply by virtue of the fact that they occur at the border, should, by now, require no extended demonstration.'' 87 Authorized by the First Congress, 88 the customs search in these circumstances requires no warrant, no probable cause, not even the showing of some degree of suspicion that accompanies even investigatory stops. 89 Moreover, while prolonged detention of travelers beyond the routine customs search and inspection must be justified by the Terry standard of reasonable suspicion having a particularized and objective basis, 90 Terry protections as to the length and intrusiveness of the search do not apply. 91
Location: Jonquil City (aka Smyrna) Georgia- by Atlanta
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Quote:
Originally Posted by 99percent
Anyone ever think of reading this "outdated" document???
Amendment 4 - Search and Seizure. Ratified 12/15/1791.
"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."
Now, I think it is reasonable to search baggage at airports, but really.....isn't it a little unreasonable to pat down every single person? I understand that the Constitution doesn't really apply here, since people can just aviode the pat down by not flying....but I dont think the founding fathers would allow this.
The Constitution does not give you the right to fly on a plane. The government is not forcing anyboy to submit to the TSA. If you do not wish to go through TSA procedures, there are alternate methods of travel such as private car, Greyhound or Amtrak.
Anyone ever think of reading this "outdated" document???
Amendment 4 - Search and Seizure. Ratified 12/15/1791.
"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."
Now, I think it is reasonable to search baggage at airports, but really.....isn't it a little unreasonable to pat down every single person? I understand that the Constitution doesn't really apply here, since people can just aviode the pat down by not flying....but I dont think the founding fathers would allow this.
Correct me if I'm wrong... but, the patdowns are only an option if you do not want the X-Ray.
Anyone ever think of reading this "outdated" document???
Amendment 4 - Search and Seizure. Ratified 12/15/1791.
"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."
Now, I think it is reasonable to search baggage at airports, but really.....isn't it a little unreasonable to pat down every single person? I understand that the Constitution doesn't really apply here, since people can just aviode the pat down by not flying....but I dont think the founding fathers would allow this.
I have a problem with the argument that you can avoid the issue by not flying. My sister in law has to fly every two weeks because of her job, is she suppose to quit her job? Unemployment in her county is about 14 %. Also my main problem is where does this stop? If a terrorist blows up a very busy shopping mall and kills thousands are we going to put scanners and start patting down people in shopping malls? Do we really have to see under the clothes of people to be safe?
When drug traffickers use mules they use body cavities and even surgically insert the material inside peoples body. Terrorist could do the same.
We are getting a false sense of security out of this and its stupid that we are allowing this. All the money being spent on this is crazy. We tend to over rely on technology and what we need is more intelligence. Its unbelievable that our security is in the hands of idiots with GEDs. Can you imagine the type of people that are applying for this jobs?, Job description: Feeling up strangers private parts and look at thousands of pictures of people naked.
It seems like the TSA is always in reactive mode. Do you think the terrorist are going to try to use their underwear again to put a bomb? Of course not. They are always thinking of new ways to transport bombs or explosive materials.
The above mentions searching individuals entering the USA. Where does it mention searching individuals leaving the USA?
Or individuals not even leaving the US..just traveling within the US.
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