Wednesday, December 8, 2010

Fruit of the 4th Amendment

As most law students will tell you, the Fourth Amendment to the US Constitution deals with unreasonable searches and seizures. Luckily, the nation is now awash in constitutional scholars.  Attend any tea party event and you will surely meet a score of people quoting the eloquent words of our founding fathers.  They will explain to you why healthcare reform amounts to communism and why our current president is indeed a Kenyan born Muslim bent on destroying our nation. Now many Americans claim that the TSA's new security protocols are violating our rights by exceeding the reasonableness requirements of the Fourth Amendment. So what is the measuring stick? In United States v. Davis, 482 F.2d 893, 908 (9th Cir. 1973), the Court stated that adminstrative searches are valid is they are "no more intrusive or intensive than necessary, in light of current technology, to detect weapons or explosives, " confined in good faith to that purpose." Of course, passengers may avoid the search by electing not to fly.

California Governor Arnold Schwarzenegger demonstrates the new body scanners

So the question remains.  Are the current standards too intrusive?  For me, it depends on whether or not the TSA agent bought me dinner.  But maybe you want to make sure you TSA agent is familiar with the 4th Amendment.  If so, you may consider 4th Amendment wear. Created by Mike McQuade you can now buy underwear with the words of the 4th Amendment imprinted in metallic ink right in your res ipsa loquitur region.  Other items include bras, t-shirts and  boxer shorts.  Supposedly the metallic ink is visible when you go through the scanner.  An entertaining gift for the constitutional scholar in your life.  If only John Adams was alive to see this day. 

1 comment:

Jackie McCain said...

Attorney Baron. I stumbled across your blog after seeing you listed on the ABA Journal Top 100. Where have you been hiding? Love the posts. Very entertaining and informative. Couldn't stop laughing.