Originally posted by Miraj
reply to post by nenothtu
Yes. Unreasonable search and seizure. Which isn't unreasonable since A) The airport is not your property and B) They have already stated quite fully
cannot be brought across the security line. In addition! You have to consent to the search or scan. The whole consent is essentially why this argument
would never hold in court.
Part of the test for "reasonableness" is a warrant, the particulars of which are specified in the same amendment (the fourth). On the other hand,
from a common sense viewpoint, if you think a strip search of a child is "reasonable", even WITH consent, given the circumstances that we are
talking about (i.e. a US airport - this ain't Somalia), then I'm afraid you are already among the lost. Just lay down and do whatever the nice
officer tells you - it's for your own good, eh? I'm sue if you are docile enough, and can persuade others well enough to also be docile, Big Brother
will have a special, padded, set of slave chains made just for you.
The less docile among us will never see those chains. There is a lot to be said for dying as a free man, should it come to that. A free man can not be
subjugated, he can only be killed. He will never be vanquished.
No, just REQUESTING consent for such a search doesn't fall under the heading of "reasonable". If you refuse consent, what do you think happens
then? They just say "OK, you can go ahead and board" or "OK, you can just leave then"? I highly recommend you try that little exercise, and get
yourself educated. First, though, read up on common misuses of "probable cause", and some of the novel interpretations out there, so you'll know
what to expect next.
In response to point A), the Fourth Amendment does not specify that I must be on my own property to be secure from unreasonable searches. Your
argument implies that, since the TSA can search anyone entering their "property", the airport, without probable cause, then I too can strip search
anyone entering my house. I can think of a few government types who occasionally come to my house who might balk at that.
The police can't just come in and search your house for no reason, but they can if you tell them that they can.
Yes, but I thought we had already established in the first part of your post that we weren't talking about my house? The OP seems to be talking about
the body of a child, which I certainly don't live in.