2 ms·

What I don't get is the 1973 court decision allowing these searches: "In 1973 the 9th Circuit Court rules on U.S. vs Davis, 482 F.2d 893, 908, there are key pie

by logn 14y ago

What I don't get is the 1973 court decision allowing these searches: "In 1973 the 9th Circuit Court rules on U.S. vs Davis, 482 F.2d 893, 908, there are key pieces of wording that give the TSA its power to search essentially any way they choose to. The key wording in this ruling includes “noting that airport screenings are considered to be administrative searches because they are conducted as part of a general regulatory scheme, where the essential administrative purpose is to prevent the carrying of weapons or explosives aboard aircraft [...] [an administrative search is allowed if] no more intrusive or intensive than necessary, in light of current technology, to detect weapons or explosives, confined in good faith to that purpose, and passengers may avoid the search by electing not to fly.” " (source: http://boardingarea.com/blogs/flyingwithfish/2010/11/20/how-the-tsa-legally-circumvents-the-fourth-amendment/ http://boardingarea.com/blogs/flyingwithfish/2010/11/20/how-...) So our forefathers obviously intended "reasonable searches" to include strip-searching the entire population of travelers to ensure they are not bearing arms. Riiight. According to Wikipedia ( http://en.wikipedia.org/wiki/Fourth_Amendment_to_the_United_States_Constitution#Colonial_America http://en.wikipedia.org/wiki/Fourth_Amendment_to_the_United_... ), in colonial America the government regularly searched houses and seized property without warrants (general searches) to enforce taxes. There was a legal battle over this, AND --->>> John Adams viewed it as the spark in which originated the American Revolution. Seriously, how in the world can we be so ignorant as to ignore our history and try to enforce constitutional amendments without sensible historical context.

jstalin 14y ago
Lawyer here. The administrative search exception to the fourth amendment means that an administrative agency can search to enforce an administrative regulation without a warrant. The most common example of this that everyone would understand is a county health department inspecting a restaurant licensed to sell food to the public. In other words, because a restaurant has submitted to the licensing scheme of a county, it impliedly gives the county the right to search it without a warrant. Consider how a county health department could do its inspections if it had to get a warrant to do so each time it needed to. So, in essence, in the case above, the Supreme Court is saying that since you're submitting to the government's regulations by choosing to fly, they don't need a warrant to search you.

by logn 14y ago

jstalin 14y ago

Lawyer here. The administrative search exception to the fourth amendment means that an administrative agency can search to enforce an administrative regulation without a warrant. The most common example of this that everyone would understand is a county health department inspecting a restaurant licensed to sell food to the public. In other words, because a restaurant has submitted to the licensing scheme of a county, it impliedly gives the county the right to search it without a warrant. Consider how a county health department could do its inspections if it had to get a warrant to do so each time it needed to. So, in essence, in the case above, the Supreme Court is saying that since you're submitting to the government's regulations by choosing to fly, they don't need a warrant to search you.