Have the blurred ...

[MikeBjerum]

... lines of the Fourth Amendment been erased?

This is not a scholarly paper, but it does list many issues that have arisen, so don't expect it to be all inclusive, and order of things may be mixed around.

Over the years we have seen many things happen to our protection from illegal search.  It is true that many true criminals have been caught, but do the ends justify the means.  Does the incorrect criminalization of citizens justify catching a bad guy?

We have dealt with military and law enforcement aircraft flying around looking down on both private and public property, and reporting everything they see.

We have satellites looking down and photographing both public and private property for governmental agencies' use.

Now, recently, we have some new revelations:
1.  A recent poll shows that a large majority of citizens approve of governmental snooping into emails and messaging for security and safety purposes without warrants;

2.  The Courts are currently ruling that we cannot restrict, deny, or "defend" ourselves from drones over our private property;

3.  Security searches have moved from airports and arenas, where we agree to it when we engage in a business transaction, to stop and question and even frisk in public settings for no more reason than a subjective "feeling" by law enforcement.

4.  As a commercial driver I also face two issues most people don't:  Commercial vehicles can be pulled over at anytime for an inspection of equipment, driver, and cargo details; and in an accident, regardless of the situation, the commercial driver is automatically presumed guilty until proven not guilty (notice I did not say innocent).  While a car driver will get a field sobriety test and breathalizer, a commercial driver gets hauled to a hospital to be blood and/or urine tested.  In Minnesota we have what are called Whiskey Plates.  These are a license plate given to repeat DWI drivers.  They can be stopped and administered a sobriety test up to once per day for no reason other than a random spot check.  People are screaming this is unfair.  Commercial drivers can face this several times a day as the drive across our region and nation.

[tombogan03884]

You'e (the public)been allowing this constant encroachment for decades. But READ  the 4 th amendment, Secure in you home and papers, anything that leaves your property is fair game.

[dipisc]

Hi;

     The problem with being a commercial driver is that we sign away our rights in order to hold/keep the job. What I really get bent out of shape on is people that are driving the large Penske/Uhaul type trucks that never drove 1 before they got behind the wheel to move to another residence/state. They tend to drive them like a car and really scare me when I am along side them. The difference between my company truck and them is I have air brakes and they have a parking (Handle ) brake.

    Some companies are slowly buying these parking brake trucks to get around DOT inspections and driver CDL requirements. For some companies it is cheaper to rent a penske truck than to buy/keep and maintain a truck of their own.

     Drug/alcohol testing; Same thing - a non CDL driver just goes down the road with a possible 6 pack in the cab and gets away with it, we can be cited if our cab has litter on the floor/area.

     DOT Inspectors:   Vary in attitude; if they fought with the old lady last night - guess who gets a taste of the inspectors wrath.  If the supervisor wants an increase in citations to make the group/section look good - guess who pays for that. Then brags of all the citations for violations and the public thinks DOT is catching us with unsafe equipment when it may be only a broken/dirty mirror or 1 of the 3 trailer top lights out ( cause enough to shoot the big bad driver for sure ) !  Look at the junk ( cars and pickups ) that should not be on the road !

     We signed away our right to non intrution(s) when we took the job yet Police will not enforce similiar laws/rules on cars and pickups due to the "ire" of the citizen(s) !

[JC5123]

You'e (the public)been allowing this constant encroachment for decades. But READ  the 4 th amendment, Secure in you home and papers, anything that leaves your property is fair game.

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.

The government has NO AUTHORITY to search ANYTHING without immediate probable cause or a warrant. It is the fact that the huddled masses accept it that has caused the erosion. That is the reason it is a felony to f$%k with the mail. As far as I'm concerned this includes email as it is a private correspondence.

So basically it all falls on us. We as a people need to stand up and say: You wanna look? Get a warrant.

[Timothy]

They were dragging people out of houses after the Boston bombing!

The people applauded!!!

We're screwed...

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