This is the text of the 4th Amendment of the US Constitution:
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.
This is a portion of the article I just read:
Travelers beware: U.S. agents now have the authority to seize and retain laptops indefinitely, according to a new policy detailed in documents issued by the U.S. Department of Homeland Security.
As part of border search policy, government agents are now authorized to seize electronic devices and inspect documents in them, the document states. The electronic devices might include laptops, cell phones, portable music players or storage devices such as portable hard drives.
Agents with U.S. Customs and Border Protection will also be allowed to translate and share documents with other government agencies.
The DHS document, issued July 16, appears to state publicly a policy that has already existed. Laptops and electronic devices have been subject to search in the past, and travelers have reported not getting their devices back. The policy has drawn strong criticism from lawmakers and nonprofit groups, who charged that the searches were invasive and a violation of an individual's privacy rights. Computers contain a vast amount of private information about family, finances and health, which could be easily copied and stored in government databases, the Electronic Frontier Foundation has complained...
(http://www.pcworld.com/article/149303/2008/08/.html?tk=rss_news)
You tell me if that doesn't seem to be a blatant spit in the face of our 4th Amendment rights. I don't care if they are supposedly "fighting terrorism or drugs or fill in the blank," the federal government has been explicitly denied that ability in the constitution. There is not probable cause that anyone in an airport should have their electronic device confiscated. Warrants are supposed to be very specific, and this blanket "law" broadly paints us all as terror / drug / child porn suspects without prior probable cause. It's shouldn't fly.
If our world is too dangerous of a place now for us to have things like privacy rights, habeas corpus, etc. maybe it's time to amend the constitution to reflect that attitude. Until then, the government continues to cross lines that shouldn't be crossed. Actually, if they tried to amend the constitution that way I'd fight it tooth and nail, but at least they'd be doing it the way they're supposed to rather than just ignoring the fact that they can't do it. I know I say it a lot, but I'll say it again, government is not our friend.
2 comments:
Without endorsing the policy which I think fails on practicality and functionality and purpose grounds, I believe that as a constitutional matter the prevailing law is and pretty much always has been that customs need not have individualized suspicion to make a search or seizure.
One more sign of the time eh? I think I've reached the point where I would be amazed to see the government do something that was within their rights given to them by the constitution.Oye.
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