Archived posting to the Leica Users Group, 2002/07/06
[Author Prev] [Author Next] [Thread Prev] [Thread Next] [Author Index] [Topic Index] [Home] [Search]Hello Bryan: You're right, it is the fourth amendment. Your citation is most interesting. It appears that once you allow the screening process to begin, you cannot retreat from it. Also, it appears that the fourth amendment has been quite hollowed out in this arena. Best regards, Roland Smith - ----- Original Message ----- From: "Bryan Caldwell" <bcaldwell51@earthlink.net> To: <leica-users@mejac.palo-alto.ca.us> Sent: Saturday, July 06, 2002 8:07 AM Subject: Re: [Leica] airport security kinda long. ;-) > On 7/5/02 9:59 PM, "Roland Smith" <roland@dnai.com> wrote: > > > The Second Amendment of the Constitution protects us from unreasonable > > searches and seizures under both criminal and civil law. The justification > > for airport security search must be based on some type of contractual > > implied consent when we use the airport. > > > Roland, > > I think you mean the Fourth Amendment. I'm not sure how you find it applies > to civil law - it only applies to government action. The Fourth Amendment > does not cover, say, a search of employees by a private employer. Privately > conducted searches can be (and are) a matter of state law. > > Here is a good, if rather weighty, article about the legalities (Pre 9/11) > of airport security searches and the various theories under which they pass > muster. It cites all of the leading cases if you're interested in doing the > background reading. Although the cases are only cited by name and date, they > can probably be found at FindLaw or another such website. > > http://books.nap.edu/books/0309054397/html/34.html#pagetop > > As someone who deals with Fourth Amendment issues on an almost daily basis, > I can assure you that it is a VERY complicated topic - riddled with > exceptions that don't always make the most sense. > > Bryan > > -- > To unsubscribe, see http://mejac.palo-alto.ca.us/leica-users/unsub.html > - -- To unsubscribe, see http://mejac.palo-alto.ca.us/leica-users/unsub.html