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Let's Talk - Are Politically Correct "search" procedures Unreasonable Search?

Posted on 11/14/2010 7:28:07 PM PST by BereanBrain

Ok, so the government wants to "search" everybody, very intrusively (backscatter Xray, "feeling up" pat downs), INSTEAD of searching the PROFILE of the sort of people who are the terrorists.

So, if you are looking for example for fish, why would you search on the land? It would be unreasonable....Yes, fish can be found out of water, but most of them are swimming in water as we speak......So it would NOT be reasonable to put as much emphasis on looking on land as you do water.

So THIS is the DEFINITION of UNREASONABLE search - it's not reasonable to search the people who have not caused the problem.

THerefore, PC based searches are BY DEFINITION, in VIOLATION of the BILL of RIGHTS!!!!

Now, which lawyer has the *guts* to take this on?


TOPICS: Health/Medicine
KEYWORDS: constitution; politicallycorrect; rights; search
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To: BereanBrain

Been to Reagan and Dulles. What am I looking for?


21 posted on 11/14/2010 8:11:51 PM PST by Vendome (Don't take life so seriously... You'll never live through it.)
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To: freedumb2003

Sooner or later, you’ll realize you’re fighting the poor fight. We all are just waiting for you to fag out.


22 posted on 11/14/2010 8:14:57 PM PST by Zuben Elgenubi
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To: freedumb2003

Personal feeling is that DUI checkpoints should also be ruled illegal.

Although I agree that there is a wavier of rights by buying a ticket to fly, that waiver should still be as narrow as possible.


23 posted on 11/14/2010 8:19:58 PM PST by Mr. Blonde (You ever thought about being weird for a living?)
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To: Slyfox
It is not groping but Obamacare in action. TSA personnel ask that you turn your head and cough as they grope.
24 posted on 11/14/2010 8:21:31 PM PST by PadreL
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To: Mr. Blonde

>>Although I agree that there is a wavier of rights by buying a ticket to fly, that waiver should still be as narrow as possible.<<

That is probably the best argument I have seen tonight.

It removes the trite and unfounded “MY RIGHTS DANGIT!” yelling while applying a more reasonable standard.

I am too tired to keep going back over the same material, particularly when I am as outraged as most on this TSA policy and am defending a perspective, not the practice.

Thanks for a better way to frame it should I return to these threads or similar.


25 posted on 11/14/2010 8:25:27 PM PST by freedumb2003 (IMHO)
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To: Zuben Elgenubi

>>Sooner or later, you’ll realize you’re fighting the poor fight. We all are just waiting for you to fag out.<<

I am fighting the good fight, but yeah, you guys wore me down.

I am pretty tired, it is late, I can only repeat myself so many times and I can’t teach the world about something that is there for people to see.

And my Steelers are losing which takes a spring out of my step.

G’night.


26 posted on 11/14/2010 8:27:33 PM PST by freedumb2003 (IMHO)
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To: BereanBrain
Sorry, but you are legally wrong.

First, they are not trying to search everyone.

Secondly, a search to prevent the introduction of weapons aboard aircraft is not unreasonable.

Third, you have no constitutionally guaranteed right to board an aircraft. You have to meet certain reasonable criteria. You have to have a ticket. You have to be clothed. You have to be free of obvious dangerous communicable diseases. You have to be willing to not operate certain electronic equipment. You have to be willing to be searched in some way, electronic or otherwise, to ensure you do not have a weapon.

It's like accepting a driver's license and driving a car is a consent to a test for alcohol or a customs search a condition for entry into the country.

P.S. This is all very settled law.

27 posted on 11/14/2010 8:40:33 PM PST by MindBender26 (Fighting the "con" in Conservatism on FR since 1998.)
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To: freedumb2003

G’nite, freedumb2003. Thanks for your maturity and kind words.


28 posted on 11/14/2010 8:48:04 PM PST by Zuben Elgenubi
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To: MindBender26
Third, you have no constitutionally guaranteed right to board an aircraft.

Wrong, we have the contitutional right to do whatever we please as long as it doesn't hurt other people. Once we buy a ticket we have the right to board the aircraft. Searching people who are not likely to have a weapon, and, BTW, not allowing weapons is also a violation of my rights, is unreasonable. Searching rah heads on the other hand, due to their history of killing people and blowing things up, is reasonable. It is a rights issue and TSA should be abandoned. Israel doesn't do all this intrusive BS and they have no problems on their planes. Why do you suppose that is?

29 posted on 11/14/2010 9:00:57 PM PST by calex59
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To: calex59

Post 29, sorry misspelled Constitutional.


30 posted on 11/14/2010 9:01:34 PM PST by calex59
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To: BereanBrain

I flew the other day and didn’t see a single female go through the scanner...only males.

I wonder what the ratio is and is it balanced?

Moreover, is it legal???


31 posted on 11/14/2010 9:01:58 PM PST by mreerm
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To: freedumb2003

Some rights can’t be waived. -Like a child’s right to not be sexually molested. Parents agreeing or not simply doesn’t matter.


32 posted on 11/14/2010 9:07:53 PM PST by LastNorwegian
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To: calex59
1, you are totally incorrect legally. You have no guaranteed right to board an aircraft because you have a ticket. As I said before, you must be clothed, have no weapon or serious communicable disease, be reasonably sober, not use certain equipment, etc.

2, re; Israel. Have you ever tried to board a flight in Tel Aviv? Some of the tightest security in the world.

Please do not pass on incorrect legal or practical information.

33 posted on 11/14/2010 9:58:42 PM PST by MindBender26 (Fighting the "con" in Conservatism on FR since 1998.)
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To: MindBender26
No, I am not incorrect, you are. We have God given rights that are not spelled out specifically in the constitution and some that are. One of those rights is the right to have a search warrant served on us and not to be subjected to unreasonable search and seizure. Also, once we pay for a service we have the right to use that service or have our money refunded. Buying a ticket does not abrogate our 4th amendment rights, if you wish to give yours up that is your business. There is also one thing you are over looking and so are many others. Courts have ruled that we cannot sigh away our rights, so even if we do it is still unconstitutional to search us without our permission or to subject us to scans we do not wish.

This whole thing would be moot if the USA would adopt Israeli type tactics for detecting terrorist, which works quite well for them. Why do you suppose that is, Mr. defender of tyranny in our airports?

34 posted on 11/14/2010 10:39:27 PM PST by calex59
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To: calex59
we have the constitutional right to do whatever we please as long as it doesn't hurt other people.

Sounds great, but actually, you have no such right.

First, that phrase is listed nowhere in the constitution.

Secondly, that "as long as I don't hurt anyone" has no point in law. A drunk driver can be arrested although he has hurt no one nor caused any accident. I can shoot a burglar in my home. I don't have to wait until he steals something.

Weapons on a/c are a bad idea. We can take reasonable steps to prevent it.

BTW, I often fly with a Glock model 27, fully loaded, on my person. I do so because in my airplane, because the pilot, me, says I can!

35 posted on 11/14/2010 10:47:09 PM PST by MindBender26 (Fighting the "con" in Conservatism on FR since 1998.)
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To: Slyfox

Perhaps they should have a line up of those that work for the TSA. Females must be X cheerleaders males chosen for looks and we get to pick the one that gives us the pat down...If no one is handsome or cute enought in the line, we get a free pass...


36 posted on 11/14/2010 10:56:28 PM PST by goat granny
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To: calex59
I'm sorry, but your legal reasoning is not correct. I assume you are not a lawyer. Please do not state legal opinions if you are not a lawyer.

A few more things. It is ruled law that TSA, customs, some drug, entry into government builgings and other searches are not unconstitutional.

From the Appeals Court:

"More than 700 million passengers board commercial aircraft in the United States each year.1 The Transportation Security Administration (“TSA”) is given the task of ensuring their safety, the safety of airline and airport personnel and, as the events of September 11, 2001, demonstrate, the safety of the general public from risks arising from commercial airplane flights.

To do so, the TSA conducts airport screening searches of all passengers entering the secured area of the airport.

We have previously held such airport screening searches are constitutionally reasonable administrative searches.

Today we clarify that the reasonableness of such searches does not depend, in whole or in part, upon the consent of the passenger being searched."

BTW, I would remind you that airport searches were not begun after 9/11 or for Arabs. They began in the 1960s when nice, White, preppy college boys were hijacking airplanes to Cuba to protest the war in Vietnam or extort money from the airlines!

37 posted on 11/14/2010 11:03:39 PM PST by MindBender26 (Fighting the "con" in Conservatism on FR since 1998.)
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To: BereanBrain
"The citizens begin by giving up some part of the constitution, and so with greater ease the government changes something else which is a little more important, until they have undermined the whole fabric of the state."

Aristotle, Politics

38 posted on 11/15/2010 3:44:25 AM PST by Jacquerie (Limit the franchise to those with a positive stake in our system.)
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To: MindBender26; calex59

Fondling our wives and sisters at airports is an affront to a supposedly free people.

This issue is low hanging fruit for the new House of Reps. The practice should be statutorily banned. “Profiling” should be the law of the land. Even if such a bill does not pass, it will force the rats to explain why little blue haired grannies get felt up when swarthy young men in turbans pass by.

BTW, the law it too important to be left entirely to lawyers. Having done so is part of the reason we are fast headed down the road to serfdom. The courts are losing respect at an accelerating rate. They deserve the loss.


39 posted on 11/15/2010 3:57:33 AM PST by Jacquerie (We live in a Judicial Tyranny – Mark Levin)
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