Wednesday, February 20, 2008

Amtrak Stooges Derail Fourth Amendment

Amtrak will start randomly screening passengers’ carry-on bags this week in a new security push that includes officers with automatic weapons and bomb-sniffing dogs patrolling platforms and trains.

Because it works so well at airports that do it full time, y'see.

Besides, we want to give Colin Feguson every possible advantage.

Amtrak stooges on full auto. The demonstrated level of professional security guaranteeing my safety somehow does not induce me to "rest assured."

Excuse me if the image that comes to mind instead is The Three Stooges accidentally setting a lion loose in the sleeper car. (Incidentally, that's Curly with the clothespin on his nose and the full head of hair--it was after his stroke, he was visiting the set and they had him make a cameo appearance, I believe the only time all three Howard brothers appeared together in a short).

[Via DONE! SEO]

10 comments:

Les said...

I think you missed the part:

"Anybody who is selected for
screening and refuses will not be
allowed to board and their ticket
will be refunded."

While it is more fear and more "papers please" BS, it isn't exactly 4th A violation if you're agreeing to be searched.

David Codrea said...

And if you refuse to agree when the sniffer dog alerts to a concealed gun on your person?

Refund, right?

Anonymous said...

It is an end around the Fourth Amendment.

Sure someone does not have to comply, in which case they will not be allowed to travel.

So unless you are traveling for NO REASON you will comply so you can be on your way.

under such a pretext checkpoints with searches can be setup anywhere if you don't want to comply don't cross that bridge, or go through that tunnel, or go on that highway.

You can effectively implement warrant less searches of force people to become prisoners in their own homes.

Anonymous said...

It's not an end run around the 4th, it's a straight up violation. Now, I gave airports a pass on that one pre 9/11 as they were utilising private security on allegedly private land to fly on a private carrier with associated contract. However, I will admit that was probably pollyanna of me due to regulation of the industry as well as likely funding sources. Post 9/11 it became a blatant violation of the 4th amendment.

As far as Amtrak goes, last I heard it was subsidized by the federal government and they are using government supplied security forces. That makes it a 4th amendment violation.


One of the things that those of us in the pro-freedom community need to recognize is that there are people out there who read 1984 and instead of being horrified were actually excited by the prospect of that much social engineering.

Anonymous said...

Gregg,

It is not a straight up violation as there is the fig leaf of opting out.

If searches were mandatory Gov knows the searches would be challenged and they would lose in court (for now).

So they avoid the court battle and instead make the searches "voluntary" of course if you choose not to comply you cannot travel.

This way the violate the spirit if not the letter of the Fourth Amendment.

Anonymous said...

Funny how they can shoot your dog, but you aren't supposed to shoot theirs. Same mothers, maybe?

Anonymous said...

1894c,
Sorry, but horse sh*t. Try mandating that all passengers must wear a ballgag so that they can't speak, or they can't travel, or strip naked, etc... There would be such an outcry that it would not continue. The "fig leaf" is so that the cowards sitting on the Supreme Court have an out.

As I recall Thomas Jefferson warned us to not allow the Supreme Court to become the arbiter of constitutionality. He knew human nature, and he was right.

Anonymous said...

Gregg,

I completely agree that it is horse sh*t. Further I completely agree that "[it] is so the cowards on the supreme court can have an out".

But then here we are anyway.

The "voluntary" searches foisted upon us are an ever expanding reality. It does violate the spirit
the actual intent of the 4th Amendment IMO.

But...

It seems Gov has figured out how to avoid the Constitutional court challenge.

So where does that leave people, regular working people, that need to travel to feed their families?

When we are confronted with the reality of show your papers or don't travel, what do we do?

I chafe at the prospect of showing ID to the TSA drone every time I fly, but I must fly for work.

It seems trains are heading down the same path, and eventually road travel as well I suspect (especially when entering cities).

Where are we then?

I am certain that the cries of fighting terrorism will drive most people to either support such measures or at least go along.

Again where does that leave us?

I wonder if those living in the Weimar republic foresaw what was coming and could do nothing...

Stephen said...

"And if you refuse to agree when the sniffer dog alerts to a concealed gun on your person?"

Well, if a sniffer dog hits on your person, that is probable cause for a search, meaning that you can't *really* refuse a search. The Sup.Ct. recently "ruled" that a sniffer dog was not a search. And you don't have a privacy right to the *smell* of your vehicle/clothes/bag.

If the Only Ones want to search you for weapons, they can stop and frisk you, without probable cause.

Anonymous said...

I suppose this is all to prevent terrorists from high-jacking a train, and flying it into a building.