ReasonableCitizen

The Fourth Amendment has been superceded by DHS

August 11, 2008 · Leave a Comment

That  pesky Bill of Rights is always getting in the way.  Let’s test your knowledge:

1. Which of the following are true based upon this Amendment?

Amendment IV : “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.”

a) Laptops are not mentioned so therefore ‘effects’ does not include laptops.
b) It is not unreasonable to search a person’s laptop because it is a weapon of mass destruction.
c) If you carry a laptop when you travel it is not actually on your person.
d) If your effects, et al,  are not in your house at the time of searching,  it is okay for the government to search them
e) ‘The right of the people to be secure shall not be violated’ means that you ought not to be violated unless the government thinks it ought to violate you
f) The government does not need to swear an oath by their chinny chin chin that you are suspected of a crime
g) This amendment once applied to people being suspected of a crime. Now the amendment is not used because the public safety is more important than your person being violated. So you may be repeatedly violated now even if there is no perceived threat. You can now be violated because the Federal government may conceive of a threat that could occur if you are not repeatedly violated by searching your personal effects, home, papers, and laptops and your kit and your caboodle.

 Feingold has a comment about this. The DHS is enjoying a recent ruling that says it is okay to search people and laptops. They don’t like the pesky Fourth Amendment. It gets in the way of their jobs.

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