In article <hki72496nq7rflstuuukdavl1t376nvek9@[EMAIL PROTECTED]
>,
richard <i.do.not@[EMAIL PROTECTED]
> wrote:
> On Wed, 07 May 2008 21:59:10 -0400, Larry <x@[EMAIL PROTECTED]
> wrote:
>
> >In article <gk64241lsp7eso8p936j4o0uhe2t5o1csu@[EMAIL PROTECTED]
>,
> > richard <i.do.not@[EMAIL PROTECTED]
> wrote:
> >
> >> On Wed, 7 May 2008 12:01:47 -0700 (PDT), Branson Hunter
> >> <bh2322@[EMAIL PROTECTED]
> wrote:
> >>
> >> >
> >> >DIGITAL AND INTERNET PRIVACY - LOSSES AND WINS
> >> >
> >> >Founding Fathers Know Best? Not exactly. The Fourth Amendment was
> >> >dumped right here in Los Angeles.
> >>
> >> The track record of the 9th circuit speaks for itself. Usually they
> >> get their decisions overturned.
> >>
> >> The 4th amendment is quite clear. It has never given unlimited search
> >> powers to any division of law enforcement for any reason.
> >
> >Actually, have you read it? It prohibits UNREASONABLE searches and
> >seizures without a warrant.
> >
> >> So no,
> >> Customs, TSA, and others who control the borders do not have the
legal
> >> right to go through your laptop and search for what ever do***ents
> >> they may find not to their liking. You want to search my computer?
Get
> >> a search warrant.
> >
> >Sorry, Richard, but the court just said otherwise.
> >
> >And this is a longstanding area where you can be searched without
> >probable cause or reasonable suspicion. They're called administrative
> >needs searches - if it serves an administrative need, rather than law
> >enforcement, generally the search is allowable. Examples of this
> >include boarding airplanes, entering federal buildings, and yes,
> >entering the country.
> >
> >> But knowing this, I can easily thwart them at their own game.
> >> Buy a 2nd hard drive. Have nothing on it when I go through customs.
> >> The other one is in the mail being delivered to my destination.
> >> Sealed in such a way that I will know if it got tampered with or not.
> >
> >Ooooh, gee, you're soooo smart.
> >
> >> However, they can legally search your belongings for certain known
> >> banned contraband. To my knowleldge, private papers, and laptops are
> >> not among those.
> >
> >Your knowledge, as usual, is ridiculously poor.
>
> Well dear boy, a few years ago, there was a case in which the Customs
> agents had found a passenger on an airline who said was carrying
> "child ****ography" and took him to court and confiscated the
> drawings.
>
> The Customs office lost the case because the drawings did not meet the
> criteria for "child ****ography" under USA law.
Okay, assuming this is true (and you don't provide a cite to the case,
so I just have your word for it), then the government lost the case
because the drawings were not child ****, NOT because it was an illegal
search. If it was an illegal search, the case would be dismissed before
it even got to the point of determining whether the pictures were
illegal or not.
So, you just proved my point - searches like this are legal.
> Upon entering the country, I will agree that the Customs people have
> the legal right to inspect your belongings, including laptops and
> contents thereof.
So glad you agree what the law is. I'm sure law enforcement officers
throughout this country are thrilled.
> To a point.
>
> But not when it comes to simply boarding a plane and going to a
> destination within the USA. Yes, they can x-ray and examine luggage.
> Plugging in the laptop and examining the contents? No.
> Not on a domestic flight.
Who said they could do this on a domestic flight? In the case that
started this thread, the person was flying to the US from the
Philippines.
> The right of the people to be secure in their persons, houses,
> papers, and effects, against unreasonable searches and seizures, shall
> not be violated.............
>
> This has to be applied to domestic flights as well. If they can do
> this on an airplane, why not on a bus, a train, or any other public
> trans****tation system?
Who said they do this on domestic flights?
> By allowing this search, the 9th circuit has broken the sanctity of
> the constitution.
If they did, then the Supreme Court will overturn the decision.
> On Monday, I am boarding a plane, and with a laptop. We shall see what
> they do with it and what happens if they do look inside it.
Will there be child **** or illegal material on that laptop?
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