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is a search legal if you don't know about it?
scottm21166
Member Posts: 20,723
The real question should be; is it constitutional to conduct a warrentless search of a person who is not a suspect or entering a secure facility even if they are unaware that the search is being done?
There is a fairly new technology already employed by some law enforcement agencies that does just that.
Using terrawaves (like micro waves) it is now possible for a hand held screening devise to detect everything from drugs to bombs on a person, in a vehicle or contained in a package.
So far, the devise has a short range and only works in a close up scenario but the technology will soon be able to scan a crowd and could pick up targets out to 75 yards even from people walking by. It will be able to detect a gun, knife, bomb or drugs and could even identify the chemical composition of the bomb or determine the type of drugs within the scanned sample. All without even making the target aware they are being strip searched.
http://spiedigitallibrary.org/proceedings/resource/2/psisdg/5354/1/168_1?isAuthorized=no
There is a fairly new technology already employed by some law enforcement agencies that does just that.
Using terrawaves (like micro waves) it is now possible for a hand held screening devise to detect everything from drugs to bombs on a person, in a vehicle or contained in a package.
So far, the devise has a short range and only works in a close up scenario but the technology will soon be able to scan a crowd and could pick up targets out to 75 yards even from people walking by. It will be able to detect a gun, knife, bomb or drugs and could even identify the chemical composition of the bomb or determine the type of drugs within the scanned sample. All without even making the target aware they are being strip searched.
http://spiedigitallibrary.org/proceedings/resource/2/psisdg/5354/1/168_1?isAuthorized=no
Comments
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.
This should answer your question:
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.
Oh that! Don't expect to win anything here by quoting a work of fiction. Just ask the feds, they'll TELL you what your rights are. [:(!]
No.