Originally Posted by
SgtScott31
Although there are probably far more that take photos with non-criminal intentions, should we allow anyone and everyone to take photos without so much as to walking up and asking them questions (non-detention/non-custodial situation)?
Yes! A hundred times, yes! If someone is simply photographing in that situation, leave him alone. As for the "non-detention/non-custodial" nature of your interrogation, it is for all intents and purposes
not such if you are taking advantage of someone's ignorant belief that when a police officer questions him, he does not have the option to simply walk away from you. I suspect that you know as well as I do that in most such cases, you will be taking advantage of someone's misperception of the extent of your authority.
Originally Posted by
SgtScott31
If joe plumber knows that he can simply walk away from a search, then what good is a checkpoint?
Therein lies the crux of the issue.
In your hypothetical situation, the checkpoint is still good for keeping dangerous items off airplanes -- its stated purpose and the reason for which we allow these otherwise unconsitutional searches at airports -- but it's not so good for conducting an unconstitutional dragnet operation. The latter is what you want, isn't it?
Your opinions are dangerous to the United States of America -- more so if you are truly an officer of the law.