Welcome to FinHeaven Fans Forums! We're glad to have you here. Please feel free to browse the forum. We'd like to invite you to join our community; doing so will enable you to view additional forums and post with our other members.



VIP Members don't see these ads. Join VIP Now
Results 1 to 10 of 10

Thread: Constitution 'exemption' zone spans 100 miles inland of US border– judge

  1. -1
    DisturbedShifty's Avatar
    Wort-wort-wort!!!

    Status:
    Online
    WPA:
    Join date:
    Apr 2006
    Posts:
    5,764
    vCash:
    1314
    Loc:
    Pueblo, Colorado
    Thanks / No Thanks
    Halo LegendaryGalactic Empire medalXbox LogoPlaystation LogoNintendo Logo

    Constitution 'exemption' zone spans 100 miles inland of US border– judge

    What kind of ****ed up **** is this?

    A US federal judge has reaffirmed an Obama administration policy granting officials the authority to search Americans' laptops, citing a controversial premise that makes citizens within 100 miles of the border eligible for a police check.

    District Judge Edward Korman made his ruling in New York on Tuesday, more than three years after the American Civil Liberties Union (ACLU) filed suit. The ACLU claimed that - since Americans put so much of their lives on their computers, cell phones, and other devices – border officials should have reasonable suspicion before sifting through someone's personal files.


    Attorneys argued that searches conducted without reasonable suspicion are a violation of the Fourth Amendment, which protects against unreasonable search and seizure.


    Not so, according to Judge Korman. In his decision Tuesday he argued that the area 100 miles inland falls under a “border exemption.”


    “Laptops have only come into widespread use in the twenty-first century. Prior to that time, lawyers, photographers, and scholars managed to travel overseas and consult with clients, take photographs, and conduct scholarly research,” wrote Korman.


    “No one ever suggested the possibility of a border search had a chilling effect on his or her First Amendment rights. While it is true that laptops make overseas work more convenient, the precaution plaintiffs may choose to take to 'mitigate' the alleged harm associated with the remote possibility of a border search are simply among the many inconveniences associated with international travel.”
    Source: http://rt.com/usa/court-upholds-lapt...-searches-041/
    Quote Quote  

  2. -2
    Rookie

    Status:
    Offline
    WPA:
    Join date:
    Mar 2008
    Posts:
    462
    vCash:
    3554
    Thanks / No Thanks
    It's always been understood that you are subject to search for no reason whatsoever if you decide to leave the country and return, or, for that matter, if you're a foreign citizen. There's nothing special about your laptop.

    The issue is where you draw the line so far as distance from the border. And even this might not be the issue people think it is since, I think anyway, only border officials are authorized to perform these searches, rather than any law enforcement officer.
    Quote Quote  

  3. -3
    GoonBoss's Avatar
    Finheaven Templar

    Status:
    Offline
    WPA:
    Join date:
    Feb 2005
    Posts:
    19,063
    vCash:
    12197
    Loc:
    The Crossroads of TX
    Thanks / No Thanks
    At the border, (North or south...International) of course. Every nation has the right to
    protect itself. I have no issues with any of that. One SHOULD assume, you are subject to rules
    and regulations of whatever place you are going.

    I think that should only apply to "Ports of entry" and a certain buffer zone on each border.

    This particular thing, the ACLU appears to be on the right side of. Which is unusual.


    Quote Quote  

  4. -4
    Dolphins9954's Avatar
    Pro Bowler

    Status:
    Offline
    WPA:
    Join date:
    Apr 2005
    Posts:
    10,083
    vCash:
    6896
    Thanks / No Thanks
    The NSA thinks the whole country is a buffer zone.





    "Politics is the Art of Looking for Trouble, Finding it Everywhere, Diagnosing it Incorrectly, and Applying the Wrong Remedies"
    Quote Quote  

  5. -5
    Eshlemon's Avatar
    FinHeaven VIP

    Status:
    Offline
    WPA:
    Join date:
    Jan 2004
    Posts:
    4,828
    vCash:
    1498
    Loc:
    Greensboro, NC
    Thanks / No Thanks
    Auto exemption, national security exemption, border exemption., a little Borowitz...

    2034 post by DisturbedShift

    Judge rules Federal government has the right to search and seize anything without probable cause with a 4th amendment exemption for judges.
    Last edited by Eshlemon; 01-09-2014 at 03:55 PM.
    Quote Quote  

  6. -6
    DisturbedShifty's Avatar
    Wort-wort-wort!!!

    Status:
    Online
    WPA:
    Join date:
    Apr 2006
    Posts:
    5,764
    vCash:
    1314
    Loc:
    Pueblo, Colorado
    Thanks / No Thanks
    Halo LegendaryGalactic Empire medalXbox LogoPlaystation LogoNintendo Logo
    Quote Originally Posted by Eshlemon View Post
    Auto exemption, national security exemption, border exemption., a little Borowitz...

    2034 post by DisturbedShift
    What does this have to do with anything?
    Quote Quote  

  7. -7
    Eshlemon's Avatar
    FinHeaven VIP

    Status:
    Offline
    WPA:
    Join date:
    Jan 2004
    Posts:
    4,828
    vCash:
    1498
    Loc:
    Greensboro, NC
    Thanks / No Thanks
    Quote Originally Posted by DisturbedShifty View Post
    What does this have to do with anything?

    All are 4th amendment exemptions and express concerns in this area with Andy Borowitz-like over the top satire and hyperbole...the number of exemptions becoming so numerous the 4th is an exception to the law of the land and not vice versa.
    Quote Quote  

  8. -8
    LANGER72's Avatar
    Hall Of Famer

    Status:
    Offline
    WPA:
    Join date:
    Nov 2006
    Posts:
    8,403
    vCash:
    23437
    Loc:
    Munchkin Land / Emerald C
    Thanks / No Thanks
    This 100 mile buffer zone is just an extension of what has been happening over the last 12 years.
    In twenty years there will be no 4th amendment. The terrorist attacks didn't just destroy building and kill people, it also set into motion this idea that National security can be obtained by reducing privacy by eavesdropping without cause and giving police the right to stop on demand with no cause, and to detain US citizens without charges. In the years following 911, it has been morphed into a weapon that can be used selectively for political purposes that can potentially influence elections and ultimately make folks think twice about free speech.
    Now I am not against using intel to find the terrorists and bad guys, but this should happen through the judicial system.
    Quote Quote  

  9. -9
    Rookie

    Status:
    Offline
    WPA:
    Join date:
    Mar 2008
    Posts:
    462
    vCash:
    3554
    Thanks / No Thanks
    Quote Originally Posted by LANGER72 View Post
    This 100 mile buffer zone is just an extension of what has been happening over the last 12 years.
    In twenty years there will be no 4th amendment. The terrorist attacks didn't just destroy building and kill people, it also set into motion this idea that National security can be obtained by reducing privacy by eavesdropping without cause and giving police the right to stop on demand with no cause, and to detain US citizens without charges. In the years following 911, it has been morphed into a weapon that can be used selectively for political purposes that can potentially influence elections and ultimately make folks think twice about free speech.
    Now I am not against using intel to find the terrorists and bad guys, but this should happen through the judicial system.
    There was never really a golden age of privacy anyway, and the more egregious intrusions of privacy take place outside of any sort of law enforcement context. Don't believe me, just find yourself wrapped up in civil litigation, either as a party, or even just someone that has information relevant to a case. A civil litigator that knows what he's doing can get more information about you than the NSA ever could, and with the assistance of a court.


    Sent from my iPad using Tapatalk
    Quote Quote  

  10. -10
    LANGER72's Avatar
    Hall Of Famer

    Status:
    Offline
    WPA:
    Join date:
    Nov 2006
    Posts:
    8,403
    vCash:
    23437
    Loc:
    Munchkin Land / Emerald C
    Thanks / No Thanks
    Quote Originally Posted by NJ Dolphan View Post
    There was never really a golden age of privacy anyway, and the more egregious intrusions of privacy take place outside of any sort of law enforcement context. Don't believe me, just find yourself wrapped up in civil litigation, either as a party, or even just someone that has information relevant to a case. A civil litigator that knows what he's doing can get more information about you than the NSA ever could, and with the assistance of a court.


    Sent from my iPad using Tapatalk

    Sure, private investigators have been around for years. In years past, a court order would be required otherwise any "evidence" would be considered inadmissible.
    It is a shame that folks are just taking it in stride and not thinking about how this could affect someone. Mistakes will be made.
    Quote Quote  

Similar Threads

  1. Replies: 22
    Last Post: 02-15-2013, 08:32 PM
  2. AZ Sheriff: Why More Troops at Korean Border Than U.S. Border?
    By dreday in forum Political | War Forum
    Replies: 28
    Last Post: 06-23-2011, 03:59 PM
  3. Can We Get an exemption from the NFL...
    By miamirw in forum Miami Dolphins Forum
    Replies: 0
    Last Post: 11-30-2009, 11:59 PM
  4. Finfans in the Inland Empire?
    By corban42 in forum Tailgate | Dolfans Unite!
    Replies: 0
    Last Post: 09-01-2008, 12:38 PM
  5. Steroids investigation spans all of sports
    By channelsurfing in forum General NFL Forum
    Replies: 1
    Last Post: 03-01-2007, 12:43 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •