Just when I thought we had this beast dead, Jack.....
Emp, put one behind the ear, please.
You mean Jack is; The Resurrector!
See? A emperor is a ****in macaw
You think that was a good resurrection? Wait until you read the can of worms I'm about to open at the bottom...
So, responding to all of this was going to be a monumental task on an iPhone, so I waited until I got to a computer to have a second go at it.
In the context of this thread/conversation, I view his comment of interstate commerce to be consistent with this definition of Interstate Commerce that i found:
interstate commerce n. commercial trade, business, movement of goods or money, or transportation from one state to another.
Remember, he stated: "your right to free interstate commerce", which in no way implies or even makes sense inserting article 1 section 8, which grants gov't power NOT us Rights!
Fair enough, it seems odd he would throw in free interstate commerce as opposed to saying something about searches, but I'm not a mind reader, so I can't argue what he was intending to say.
No, it protects us from suspicionless unannounced investigatory seizures and searches (scotus words, not mine). So, if a seizure/search is suspicionless, I can't see how it's reasonable.
Already addressed in other posts.
that is not completely true at all... Public Schools .--In New Jersey v. T.L.O., 108 the Court set forth the principles governing searches by public school authorities. The Fourth Amendment applies to searches conducted by public school officials because ''school officials act as representatives of the State, not merely as surrogates for the parents.''
You're right, which is why they now have signs that say that if you come in, you're consenting to a search. You're waiving a right in exchange for a privilege. Same as visitation in a jail
Additionally, we are talking SPECIFICALLY of traveling, which is addressed directly as an Inalienable Right of ours to remain secure while doing so.
Getting there...I'm sure some people are figuring out where this is going now...
If I am suspicionless, which I am indeed driving up to a checkpoint, then it's an UNreasonable (without reason to my activity) search and seizure. Philosophically, it cannot be made any more clear.
And the gray area, it depends on what is considered reasonable. Lots of people seem to think that rolling down their window and having a 30 second interaction is reasonable.
Not at all, 4 of the 9 agree with me! it's not that far off from majority agreement lol. Even the 5 who ruled checkpoints constitutional, said: that since checkpoint searches were equally intrusive on all drivers, no individual had a right to complain about an intrusive search. Translation: Yes it's infringement on your Rights, but since it's hurting everyone equally, have at it!!!
But that stands the Bill of Rights on its head — reading the Fourth Amendment to require the government to equally violate the rights of all citizens, rather than to restrict government violations of any citizen’s rights - is absurd!
Yes you are correct here...sorry my comments were not clear before. Yes it protects against unreasonable searches and seizures, Yes some claim there are gray areas (I don't think they have a philosophical leg to stand on), yes the courts have ruled on this matter, some against the checkpoints, some for it.
Don't you think that the close margin of the ruling, rulings for and against, and this very discussion are evidence that "reasonable" is a very gray area?
The can of worms I'd like to crack open is the obvious similarities between this and flying. In both areas you are using a privilege, not exercising a right, in both areas the exchange for this privilege is a search without probable cause. If you don't wish to stop at a checkpoint(DUI, seatbelt, insurance, TSA, or other), you're always welcome to travel without using one of these privileges or have someone else deal with these things for you(read: walk/call a cab/get a designated driver).
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