Archive for August 11th, 2008

DHS Clarifies Its Un-American Search and Seizure Policy

fedspy.gifRemember this oldie?

“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.”

–  4th Amendment to the Constitution of the United States of America

What a quaint idea that was: to be safe from tyrannical excesses of government, which really is a major focus of the Constitution. It is all about placing limits on the power of government. The Department of Homeland Security (DHS) doesn’t seem to acknowledge this fundamental Constitutional right. Nor did the Ninth Circuit Court of Appeals, in a stunning decision in May that upheld the DHS’s violation of the 4th Amendment by asserting its policies are reasonable. The Ninth? The most liberal of all Circuit Courts? Go figure.

Agents of the Transportation Security Agency (TSA), which is a part of the DHS, or any federal agent, may seize a laptop or any other electronic doodad without probable cause. Furthermore, they make take that device someplace else for as much time as they want. Imagine coming into the US as a US citizen and being treated like a Cold War spy: having your laptop, cell phone, or MP3 player seized and held for hours or weeks just because you were cheeky enough to leave the country for whatever reason. Shame on you. We have such nice National Parks here.
Continued

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