Re: We will Survive

[Lou Forlini <lforlini@xxxxxxxxxxxxxxxxx>]

At 5:29 PM -0400 9/14/01, neilp@dpslink.com wrote:
>Not meaning to sound overly harsh or critical here, but I heard some
>American commentator state that the constitution is "not a suicide pact".
>The way it has been interpreted by some of your courts is just plain
>ludicrous, but I'm sure your aware of the problems with your legal system.
>
>Profiling has been used by El Al security successfully for many years.
>Having a court interpret the constitution in such a way that prevents you
>from defending yourselves is simply asinine.

    Maybe Neil, but that's the way it is.  Everyone has equal rights
from unreasonable search and seizure here.

    That being said, it is *not* against the law to search everyone,
like is done at airports.  I think random searches are also allowed,
if they are shown to be truly random, and disputes over this have
been the cause of many lawsuits.

    The police can always search someone if they can show reasonable
cause.  Cops will frequently follow a motorist they are suspicious
of, looking for any kind of minor infraction (such as a broken tail
light, etc.) that would give them cause to perform a stop.  After
someone is stopped, the officer can look thoroughly through each of
the windows into the vehicle for weapons or contraband.  If nothing
is obviously visible and the officer still suspects something, the
next step is to ask for permission to search.  If the person knows
their rights and refuses, the next step is to bring the drug-sniffing
dog, who can detect the scent of drugs from outside the vehicle.  If
the dog detects something, then there is reasonable cause to search
the vehicle without the owner's consent.  (There are many other ways
to establish reasonable cause for a search, this is just an example).

    Sure it's a lot harder than just pulling over someone and tossing
his car, but America is about individual rights.

    Regards,

    - Lou Forlini
      Software Engineer
      System Support Products, Inc.