The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated except for police worried about terrorists?

The fourth amendment to the constitution reads:

‘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.’

It doesn’t say we give up that right when we board public transportation.

But the courts have held that a search of our ‘baggage’ is ‘reasonable’ and:

‘is valid under the Fourth Amendment if it is “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. [See United States v. Davis, 482 F.2d 893, 908 (9th Cir. 1973)].

Now according to a Reuters story :

“Officers will start random bag inspections on the sprawling Washington subway system, the Washington Metro Transit Police said on Thursday, a week after a man was arrested for making bomb threats to the rail system.”

I suppose the courts will rule that you don’t have to use the subway either. In fact you don’t ‘have’ to drive, take a bus, ride a train, or even step foot outside your home.

It was Ben Franklin who said “They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.”

~ Michael Whipple, Editor usACTIONnews.com

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