IK am going to quote my own post so it doesnt get buried. It has the info you guys are arguing about. The FBI website is included if you want to file
a civil rights complaint.
Arm yourself with knowledge and go make the changes. Its as simple as that.
Lets try it this way -
US Constitution - 4th Amendment
In depth overview of how the 4th applies in various situations
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.
Exceptions to the 4th Amendment -
* - Conesnt
* - Warrant
* - Plain sight
* - Incident to an arrest
* - mitigating circumstance (life or death)
Going through a security checkpoint at the airport falls under the first part - Conesent.
By going through the checkpoint, you are voluntarily agreeing to the search of your belongings and the pat down of your outter clothing. The key term
is volunatarily in this case.
Your patdown -
Terry vs. Ohio
You will note in the Supreme Court decision that it applies to Law Enforcement. It falls under an exception to the exclusionary rule of the 4th
amendment. The Court took notice that while the 4th amendment exists to prevent an illegal collection of evidence, a terry frisk is not geared to that
goal. Instead its geared as officer safety, and since its not intended to find evidence, its not a 4th amendment violation.
Those who argue about what consent is -
Color of Law
Consent Searches.—Fourth Amendment rights, like other constitutional rights, may be waived, and one may consent to search of his person or
premises by officers who have not complied with the Amendment.79 The Court, however, has insisted that the burden is on the prosecution to prove the
voluntariness of the consent80 and awareness of the right of choice.
81 Reviewing courts must determine on the basis of the totality of the circumstances whether consent has been freely given or has been coerced. Actual
knowledge of the right to refuse consent is not essential to the issue of voluntariness, and therefore police are not required to acquaint a person
with his rights, as through a Fourth Amendment version of Miranda warnings.
82 But consent will not be regarded as voluntary when the officer asserts his official status and claim of right and the occupant yields to these
factors rather than makes his own determination to admit officers.83 When consent is obtained through the deception of an undercover officer or an
informer gaining admission without, of course, advising a suspect who he is, the Court has held that the suspect has simply assumed the risk that an
invitee would betray him, and evidence obtained through the deception is admissible.84
FBI - Color of Law Explanation
Color of law refers to an appearance of legal power to act but which may operate in violation of law. .
Law Enforcement has the appearance of acting under the color of law, where as a civilian does not. Civilians are not empowered to make an arrest in
the same manner law enforcement is. Civilians are not empowered to submit a request for a search warrant or an arrest warrant where as law enforcement
is etc etc etc.
Federal Civil Right legislation that modified sections of 42
A win yet a loss for those who are against the TSA -
ATS Thread - man found not guilty for refusing to provide identification to TSA
ALBUQUERQUE, N.M. (AP) - An Albuquerque jury has acquitted a Seattle man who refused to show his identification to Transportation Security
Administration officers at a New Mexico airport.
Mocek was facing several charges, including failure to obey an officer and concealing his identity. He was found not guilty of all charges on
The reason its a double edge sword. In that ruling it reaffirmed the argument that the TSA is not acting under color of law as commissioned law
There are currently about 6 lawsuits pending against the TSA on 4th amendment argumens alone.
Here is the info you guys need to understand the basics. Now that you have the info and the website, including the FBI website where you can file
civil righ violation complaints, its time to quit complaining.
You guys have the info and the website, do something about it instead of whining if you want the laws changed.