Comment Re:And this took how long? (Score 2, Insightful) 414
You're omitting the other part of the judge's point. Yes, searches cannot be "unreasonable" (as defined by whatever laws), but also "no warrants shall issue, but upon probable cause."
There are different times when these apply. When it comes to airport security, you are consenting to having your person and belongings searched. Being searched is not forced upon you; you can always choose another form of travel. Since you have consented--by sheer virtue of being an airline passenger--the rules of 'reasonable' and 'warrants' do not apply.
The notions of 'reasonable' and 'warrants' come into play when you do not consent to a search. Police officers cannot subject you to a search (without a warrant & without consent) unless they have strong evidence you are in the process of committing a crime, etc. Otherwise, law enforcement must petition a judge with their claim, and the judge rewards the search warrant based upon the merits of those claims.
It is my understanding warrants are *absolutely* required for non-emergency searches when the property owner is not present. Regardless of whether the search is "reasonable" or not, this portion of the Patriot Act is unconstitutional because search warrants are being granted without the required "probable cause."
No probable cause == no search warrant. No search warrant & no consent == no search. Any other way requires a change to the constitution.
There are different times when these apply. When it comes to airport security, you are consenting to having your person and belongings searched. Being searched is not forced upon you; you can always choose another form of travel. Since you have consented--by sheer virtue of being an airline passenger--the rules of 'reasonable' and 'warrants' do not apply.
The notions of 'reasonable' and 'warrants' come into play when you do not consent to a search. Police officers cannot subject you to a search (without a warrant & without consent) unless they have strong evidence you are in the process of committing a crime, etc. Otherwise, law enforcement must petition a judge with their claim, and the judge rewards the search warrant based upon the merits of those claims.
It is my understanding warrants are *absolutely* required for non-emergency searches when the property owner is not present. Regardless of whether the search is "reasonable" or not, this portion of the Patriot Act is unconstitutional because search warrants are being granted without the required "probable cause."
No probable cause == no search warrant. No search warrant & no consent == no search. Any other way requires a change to the constitution.
