4 ms·

I am not a legal expert, but I do not believe you are forced to use the airport and thus the 4th amendment does not apply.

alexqgb 16y ago
If your job requires a lot of travel, then short of a radical career change (itself, a pretty unreasonable demand)airplanes are your only viable choice. But are you "forced" at gunpoint? Obviously not, but this is a ridiculously high standard to use when establishing whether someone is being compelled to do something. If your boss says "you need to be in Dallas on Monday morning", you need to be in Dallas on Monday morning.
- InclinedPlane 16y ago
  This is not a good argument. You have no legal right to drive an automobile or to fly a plane, both are heavily regulated. The "if you have a job that requires X" argument is fundamentally weak, there is no intrinsically superior right to any activity due to it being job related or not (this is a good thing, I believe). The problem of course is the extent of intrusion on daily lives. The better legal approach is the 10th amendment route, or coming up with new legislation.
  - wil2k 16y ago
    "You have no legal right to drive an automobile " Actually, under Common Law you have a legal right to _travel_ (I'm not saying driving) in a car if you're a Sovereign. http://www.youtube.com/watch?v=3jUxupkD57g http://www.youtube.com/watch?v=3jUxupkD57g http://www.youtube.com/watch?v=OWRO_jQxDjY http://www.youtube.com/watch?v=OWRO_jQxDjY http://www.youtube.com/watch?v=hfbfpz4iYDU http://www.youtube.com/watch?v=hfbfpz4iYDU
ryoshu 16y ago
When the powers of an agent of the federal government come into conflict with the rights of a citizen, the powers granted to the government most certainly apply (the right to freedom of movement). TSA agents are not law enforcement officials; they can conduct administrative searches /only/. The extent of the searches is currently being litigated, but we have to deal with the status quo until the courts or the legislature deals with it. The TSA has moved from airports, to train stations, to subways, and roadblocks. If you live in any portion of the US you most likely use at least one of those methods of transport on a daily basis.
shpxnvz 16y ago
I am not a legal expert, but I do not believe you are forced to use the airport and thus the 4th amendment does not apply. “The right to travel is a part of the ‘liberty’ of which a citizen cannot be deprived without the due process of law of the Fifth Amendment.” Care of SCOTUS in 1958, Kent v. Dulles.
Vivtek 16y ago
Ever been to Puerto Rico?

alexqgb 16y ago

If your job requires a lot of travel, then short of a radical career change (itself, a pretty unreasonable demand)airplanes are your only viable choice. But are you "forced" at gunpoint? Obviously not, but this is a ridiculously high standard to use when establishing whether someone is being compelled to do something. If your boss says "you need to be in Dallas on Monday morning", you need to be in Dallas on Monday morning.

InclinedPlane 16y ago
This is not a good argument. You have no legal right to drive an automobile or to fly a plane, both are heavily regulated. The "if you have a job that requires X" argument is fundamentally weak, there is no intrinsically superior right to any activity due to it being job related or not (this is a good thing, I believe). The problem of course is the extent of intrusion on daily lives. The better legal approach is the 10th amendment route, or coming up with new legislation.
- wil2k 16y ago
  "You have no legal right to drive an automobile " Actually, under Common Law you have a legal right to _travel_ (I'm not saying driving) in a car if you're a Sovereign. http://www.youtube.com/watch?v=3jUxupkD57g http://www.youtube.com/watch?v=3jUxupkD57g http://www.youtube.com/watch?v=OWRO_jQxDjY http://www.youtube.com/watch?v=OWRO_jQxDjY http://www.youtube.com/watch?v=hfbfpz4iYDU http://www.youtube.com/watch?v=hfbfpz4iYDU

ryoshu 16y ago

When the powers of an agent of the federal government come into conflict with the rights of a citizen, the powers granted to the government most certainly apply (the right to freedom of movement). TSA agents are not law enforcement officials; they can conduct administrative searches /only/. The extent of the searches is currently being litigated, but we have to deal with the status quo until the courts or the legislature deals with it. The TSA has moved from airports, to train stations, to subways, and roadblocks. If you live in any portion of the US you most likely use at least one of those methods of transport on a daily basis.

shpxnvz 16y ago

I am not a legal expert, but I do not believe you are forced to use the airport and thus the 4th amendment does not apply. “The right to travel is a part of the ‘liberty’ of which a citizen cannot be deprived without the due process of law of the Fifth Amendment.” Care of SCOTUS in 1958, Kent v. Dulles.

Vivtek 16y ago

Ever been to Puerto Rico?