2008 Woodie Awards
U.S. boarder search policies violate privacy, Constitution
Scott Stewart
Issue date: 8/12/08 Section: Opinion
In my office, I have several reference books: a dictionary, an Associated Press stylebook, "Robert's Rules of Order," a Bible (for checking scriptural citations) and several software references. I also have a copy of the U.S. Constitution.
Flipping to the Fourth Amendment, the Constitution reads: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches 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 search, and the persons or things to be seized."
What's that mean? It's simple, even if some lawyers don't think it is.
- Citizens have a right to not have their stuff searched through to taken by the government unless reasonable circumstances justify it.
- Permission to do such searching and seizing require the establishment of a reason (probably cause) and an enumeration of what is being looked for or taken.
- Government action that does not conform to this standard is unjustified and illegal.
Now, as like most aspects of Constitutional law, lawyers and judges have established a complex history of case law examining the finer points of what this means. For instance, it's been agreed that an illicit item in plain view can be searched or seized.
For the most part, this case law is pretty reasonable. Depending upon the details of your political and legal philosophy, some particulars might seem unjust, but on the whole the laws are pretty reasonable.
The boarder search exception, however, has been pushed far beyond its reasonable boundaries by recent government policy that simply ignores the Fourth Amendments application when within an arbitrary distance of the U.S. border.
In the July 16 statement of policy on board searches of information, the U.S. Customs and Border Protection service claims extremely broad powers to search and seize:
Flipping to the Fourth Amendment, the Constitution reads: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches 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 search, and the persons or things to be seized."
What's that mean? It's simple, even if some lawyers don't think it is.
- Citizens have a right to not have their stuff searched through to taken by the government unless reasonable circumstances justify it.
- Permission to do such searching and seizing require the establishment of a reason (probably cause) and an enumeration of what is being looked for or taken.
- Government action that does not conform to this standard is unjustified and illegal.
Now, as like most aspects of Constitutional law, lawyers and judges have established a complex history of case law examining the finer points of what this means. For instance, it's been agreed that an illicit item in plain view can be searched or seized.
For the most part, this case law is pretty reasonable. Depending upon the details of your political and legal philosophy, some particulars might seem unjust, but on the whole the laws are pretty reasonable.
The boarder search exception, however, has been pushed far beyond its reasonable boundaries by recent government policy that simply ignores the Fourth Amendments application when within an arbitrary distance of the U.S. border.
In the July 16 statement of policy on board searches of information, the U.S. Customs and Border Protection service claims extremely broad powers to search and seize:
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The Minuteman
posted 8/12/08 @ 9:59 AM CST
There is a good article about the purpose and history of the 4th Amendment at this page - http://www.revolutionary-war-and-beyond.com/4th-amendment.html
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