TSA and the Constitution
 

I've read a few thousand posts in my time here on TS/S that state, either directly or implied, that if only TSA was disbanded/abolished/go back in time and prevent then we would be able to save the Constitution. My question is- what parts of the TSA's mission and/or actions are unconstitutional.

Be specific as to what about the TSA is offensive (legally speaking, that is) and what parts of the Constitution are affected.

Incidentally, this is a serious question in case there's any doubt.

Currently, the Constitution's interpretation unfortunately includes permissibility of "implied consent" searches and permits searches that would normally be forbidden to be conducted if "public safety" is the reason for the search.

I disagree mightily with both of these assertions. All searches should only be conducted with explicit consent and permission. And "public safety" be damned: the should never be such exceptions to the 4th Amendment.

Do you mean the 4th Amendment, Spiff?

"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 5th protects against abuse of government authority in legal procedures.

I forgot to add to my post the question that how is the TSA different today than previous screening?

And to clarify, TSA searches aren't implied consent. I once thought they were, as they were what seemed to apply from my LE work. Actually, they're administrative searches, which are derived from United States v. Davis, 482 F.2d 893, 908 (9th Cir. 1973).

I think that one is pretty easy. Pre 9/11 it was private. Post 9/11 it's Government.

In case anyone needs to review. US Constitution

Yes, thanks. :o Typo fixed! :)

I understand that, but I meant in form. Pre-9/11 we were screened. Post-9/11 we're screened. Pre-9/11 if something was found it was turned over to LE. Post 9/11 if something is found it's turned over to LE.

In form and function I can't see much difference.

Me neither. But there are quite a few folks on this message board who have a problem with the Government being involved in searching them.

There's the whole issue of evidence found in an administrative search being used in a criminal prosecution.

Aside from that, I don't care what the Supreme Court says, government instituted searches before boarding aircraft are plainly against the letter and spirit of the 4th amendment. The Supreme Court is just wrong.

Just like pre-9/11, no? Items found prior to TSA's creation weren't used in criminal prosecutions?

Not so plainly to SCOTUS, I guess. ;)

Yeah, we're kind of funny that way. Today, it's the airport. Tomorrow, it's the parking lot, the next day, it's your home. :mad:

Careful, Spiff. I hear the black helicopters hovering. :)

Give the thugs an inch and they'll take everything. History is a wonderful teacher, should we choose to listen...

They're a bunch of senior citizens in black gowns who aren't immune to political pressure. That's the way it's always been. Sorry to break it to you.