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Previous comments... You are currently on page 2.
In the pictograph, the ID's they are referring to are government-issued photo ID's such as driver's license, passport, green card, etc. - basically the same documents you would have to show to board a commercial flight. If you don't have them, it just makes things more suspicious for you, as law enforcement has a legal and legitimate need to establish identity (thus the Burkha controversy). Remember, until you prove that you are a US citizen, you are NOT protected by the Fifth Amendment.
Please note that I am not advocating for or against these policies, merely pointing out that the interpretation of the Fifth Amendment by courts has established these precedents and that we should be aware of them. In their interpretations, the Courts have generally weighed the needs to preserve individual rights "to be secure in their persons and possessions" against reasonable accommodations for law enforcement, but there is certainly much wiggle room afforded due to the ambiguousness of the word "reasonable".
And yes, I was one of those who after 9/11 cheered the passage of the Patriot Act - before I really understood what was in it. Now, I look at it as a law with severe flaws (as the Courts have thrown out several overreaching provisions) and still others with which I have severe reservations. I think that it - like a lot of complex laws - would be better if written to address one thing at a time. I strongly prefer specific, targeted laws to these ambiguous monstrosities (see ACA) for the simple expedient that I do not believe government is made up of less fallible or more logical people than the rest of us. ;)
"A judge does not have to issue a warrant for many kinds of searches"
Again, point to this part of the Constitution?
And I do have a question about that pictograph... how can an American be required to show ID when we don't have IDs?
See the following pictograph for more:
http://www.theblaze.com/stories/2014/01/...
A judge does not have to issue a warrant for many kinds of searches conducted by police officers, including plain sight and consensual searches. A warrant for arrest also includes search provisions. You may also be searched without a warrant if caught in the commission of a crime. Even reasonable suspicion caused by things out in the open can subject you to a warrantless search of a limited degree because it then grants reasonable suspicion.
The Fifth Amendment provides a basic foundation for law, but I advise against relying on its literal words in place of legal precedent.
Inter armes, silent leges.
" they can initiate a forced search without a warrant because now they have "probably cause" or reasonable suspicion"
I missed this part of the Constitution, could you please point to it for me?
"No warrant shall ISSUE, except upon probable cause..."
That means they can't get a *warrant* without probable cause, NOT that they can search without a warrant if they have probable cause. And warrants are not issued by patrolmen, they are issued by judges.
But, as I said... "inter armes, silent leges".
Please note that the DHS plays by different rules. The Courts have limited where DHS roadblocks can be set up, but their searches do not need warrants and they can do a full search at will. They can temporarily confiscate electronic devices to examine their contents, as well, though that is under legal review.
In both cases, be polite and respectful. Don't have anything to hide and don't lie. You don't have to allow a search of your trunk without asking the officer to state their probable cause and you can respectfully decline to allow a search without a warrant for police, but not for DHS. Be knowledgeable of the gun laws of the state you are in, as some like DC are extremely strict (ie ridiculous) and can get you hit with a Federal firearms violation.
Or maybe some of us just have nothing to lose:
http://www.youtube.com/watch?v=SVl8tJrSa...
It only applies to people under the jurisdiction of the U.S. not simply WITHIN the jurisdiction.
But, since you feel that way, next time I have an accident, I'll put it on YOUR insurance. I'll sneak into your house first, so obviously the contract will apply to me.
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