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The Range
Law & Order
Warrantless search - Rogers County
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<blockquote data-quote="tweetr" data-source="post: 3948294" data-attributes="member: 5183"><p>Sure, you can explicitly waive a right, e.g. "I waive my right to counsel." (It's a bad idea, but you can do it!)</p><p>You may not, however, be construed implicitly to have already waived a right, e.g. a sign in a hallway stating "All persons proceeding beyond this point waive their right to counsel."</p><p></p><p>I agree flying is not an enumerated right (and check the ninth amendment for disparaging rights not enumerated); but the right to be secure against unreasonable search and seizure <strong><em>is</em></strong> enumerated! It is not in any sense correct to state that when a person undertakes activity [X] he no longer has the right to be secure. See?</p><p></p><p>Nor is it correct to state a person has the right to be secure against unreasonable search and seizure in location [A], but has not the right to be secure against unreasonable search and seizure in location <strong>. Merely asserting that it is so does not make it so, whether the one asserting is an individual or an agency of the government. The latter necessarily is bound by the Fourth Amendment, irrespective of activity or location. In the Fourth Amendment the person is secure in his <strong><em>person</em></strong> in all locations, because obviously his person is still his person wherever his person happens to be.</strong></p><p><strong></strong></p><p><strong>Nor does the Fourth Amendment allow any blanket warrant or authority to search without probable cause, e.g. a sign stating "All persons beyond this point are subject to search and seizure." Such explicitly violates the Fourth Amendment requirements for probable cause and particularly describing the place to be searched and the persons or things to be seized.</strong></p><p><strong></strong></p><p><strong>As for "administrative searches":</strong></p><p><strong>If there were a separate category of "administrative searches" wherein the person does <strong><em>not</em></strong> have the right to be secure against unreasonable search and seizure, then such ex<em>c</em>eption would have to exist with the Fourth Amendement itself, e.g. "The right of the people to be secure shall not be violated except during an administrative search." As such exception manifestly is not there, then if a government agency (like the TSA) <strong><em>wants</em></strong> a search without all the Fourth Amendement requirements, then it must wait until the Fourth Amendment is amended to contain such exception.</strong></p><p><strong></strong></p><p><strong>What we really are discussing is the nature of human rights. Human rights are not <strong><em>conferred </em></strong>by government; they are rather <strong><em>acknowledged and protected </em></strong>by just governments as already existing merely by virtue of being human. Human rights adhere to the person irrespective of where the person is or what he happens to be doing at the time. Ultimately we are discussing the right of the people merely to be left alone while going peaceably about their business.</strong></p><p><strong></strong></p><p><strong>Why would you want a person <strong><em>not</em></strong> secure against unreasonable search and seizure?</strong></p></blockquote><p></p>
[QUOTE="tweetr, post: 3948294, member: 5183"] Sure, you can explicitly waive a right, e.g. "I waive my right to counsel." (It's a bad idea, but you can do it!) You may not, however, be construed implicitly to have already waived a right, e.g. a sign in a hallway stating "All persons proceeding beyond this point waive their right to counsel." I agree flying is not an enumerated right (and check the ninth amendment for disparaging rights not enumerated); but the right to be secure against unreasonable search and seizure [B][I]is[/I][/B][I] [/I]enumerated! It is not in any sense correct to state that when a person undertakes activity [X] he no longer has the right to be secure. See? Nor is it correct to state a person has the right to be secure against unreasonable search and seizure in location [A], but has not the right to be secure against unreasonable search and seizure in location [B]. Merely asserting that it is so does not make it so, whether the one asserting is an individual or an agency of the government. The latter necessarily is bound by the Fourth Amendment, irrespective of activity or location. In the Fourth Amendment the person is secure in his [B][I]person[/I][/B] in all locations, because obviously his person is still his person wherever his person happens to be. Nor does the Fourth Amendment allow any blanket warrant or authority to search without probable cause, e.g. a sign stating "All persons beyond this point are subject to search and seizure." Such explicitly violates the Fourth Amendment requirements for probable cause and particularly describing the place to be searched and the persons or things to be seized. As for "administrative searches": If there were a separate category of "administrative searches" wherein the person does [B][I]not[/I][/B] have the right to be secure against unreasonable search and seizure, then such ex[I]c[/I]eption would have to exist with the Fourth Amendement itself, e.g. "The right of the people to be secure shall not be violated except during an administrative search." As such exception manifestly is not there, then if a government agency (like the TSA) [B][I]wants[/I][/B] a search without all the Fourth Amendement requirements, then it must wait until the Fourth Amendment is amended to contain such exception. What we really are discussing is the nature of human rights. Human rights are not [B][I]conferred [/I][/B]by government; they are rather [B][I]acknowledged and protected [/I][/B]by just governments as already existing merely by virtue of being human. Human rights adhere to the person irrespective of where the person is or what he happens to be doing at the time. Ultimately we are discussing the right of the people merely to be left alone while going peaceably about their business. Why would you want a person [B][I]not[/I][/B] secure against unreasonable search and seizure?[/B] [/QUOTE]
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