• Fourth Amendment Of The United States Constitution

    "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 recent capitualtion of the United States House of Representaives to the Bush Administrations demands for TELECOM IMMUNITY in anticipation of the United States Senate following suit shall not stand. Congress is empowered to pass laws. If they pass a bad law it needs to be repealed. This is bad law and this site seeks to have this law repealed. Please Read Carte blanche to illegally spy on Americans by Tom Burghardt
  • Blog Stats

    • 47,570 hits
  • Advertisements

Data Strip Mining


Although the Department of Homeland Security is not in the habit of photocopying the business papers contained in a businessman’s briefcase as he enters the country it is apparently in the habit of seizing and copying the contents of electronic media including laptops, digital film and portable data storage devices.

An unwary traveler can have his entire business filing system removed for an undetermined amount of time if he makes the mistake of keeping it all on his personal laptop and passes through customs. Even if it is just the notes taken on his recent business trip the disruption to commerce and a business small or large can be enormous. Most major companies now require employees to pass through customs with a “clean” laptop to avoid these possibilities.

After reading the opinion of the 9th Circuit Court of Appeals decision upholding this practice I came across a few other tidbits.

In Carney, the Supreme Court rejected the argument that
evidence obtained from a warrantless search of a mobile
home should be suppressed because it was “capable of functioning
as a home.” Id. at 387-88, 393-94. The Supreme Court
refused to treat a mobile home differently from other vehicles
just because it could be used as a home. Id. at 394-95. The
two main reasons that the Court gave in support of its holding,
were: (1) that a mobile home is “readily movable,” and (2)
that “the expectation [of privacy] with respect to one’s automobile
is significantly less than that relating to one’s home or
office.” Id. at 391 (quotation marks omitted).

So if you live in a mobile home the Fourth Amendment does not apply to you.

Moreover, case law does not support a finding that a search
which occurs in an otherwise ordinary manner, is “particularly offensive” simply due to the storage capacity of theobject being searched. See California v. Acevedo, 500 U.S.
565, 576 (1991) (refusing to find that “looking inside a closed
container” when already properly searching a car was unreasonable
when the Court had previously found “destroying the
interior of an automobile” to be reasonable in Carroll v.
United States, 267 U.S. 132 (1925)).

If you live in a mobile home the interior can be destroyed in a search without a warrant and it is already totally legal.

See Also Raw Story.


2 Responses

  1. My friend on Facebook shared this link with me and I’m not dissapointed at all that I came here.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s

%d bloggers like this: