FlyerTalk Forums - View Single Post - Discussion: Constitutionality of BOS (Logan) BDO program
Old Sep 13, 2011 | 12:16 pm
  #329  
WillCAD
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Originally Posted by joshwex90
How exactly is this an interrogation? And furthermore, would it still be unconstitutional then if it were private security as opposed to the TSA?
Is a government actor asking you a question?

If the answer is yes, then it's an interrogation.

Are you compelled to answer under color of authority, and/or threat of reprisal or penalty? Are you denied legal counsel during questioning? Are you given a Miranda warning prior to questioning?

If the answers are yes, then the interrogation violates your 5th Amendment rights.

Are you being given a choice between A) voluntarily surrendering your 4th protection against unreasonable search and seizure and your 5th Amendment protection against compelled testimony (i.e. the right to remain silent), or B) voluntarily surrendering your Article 4 Section 2 Clause 1 right to unobstructed interstate travel?

If so, then the searches and interrogations are un-Constitutional.

Excercise of one Constitutionally-guaranteed right cannot be contingent upon the "voluntary" surrender of another; the contingency makes the surrender of either right non-voluntary and thus un-Constitutional.

Government actors are questioning you, asking for personally identifiable information that is privilidged and private - up to and including the speaking of your name aloud, in full earshot of other people. How is that not an interrogation? Even if it's just the name thing?
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