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Join Date: Apr 2006
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Re: rammed:by the customs & border patrol
It is interesting that the US's Fourth Amendment was specifically written so that the King's own men could not search treasonous rebel carriages on the King's own highways. Personal carriages, carriages used intrade, for hire, whatever. "Effects" could not be unreasonably or randomly searched.
And in the 1970's some automotive search cases were held to be illegal in the US on the same grounds, then a few years later the USSC reversed itself when the states came up with the clever idea that your license was only issued IF you consented to waive your rights. Which you legally can't be asked or required to do, either.
Watercops, federal commerce clause, police powers, public safety...all very nice but unsound and illegal excuses for illegal searches these days. The Fourth Amendment is dog simple, the letters and publications written at the time it was being discussed are dog simple. No want, no warrant? No legal search, period.
Doesn't matter how the courts support the men in office or the men with guns, the searches are still illegal. Damned shame there's nothing to be done about it. Except, perhaps, to put Alice's Restaurant on the PA and then consume as much of their time as you possibly can, knowing that will prevent them from bothering anyone else while so occupied.