DHS

DHS re-establishes power to search and seize without probable cause

Tuesday, March 19, 2013 by: J. D. Heyes
Tags: DHS, searches, probable cause

eTrust Pro Certified

Delicious Pin It
(NaturalNews) When state legislators ratified the Bill of Rights in 1791, they did so with assurance from the founding fathers that the central government would always exist within the parameters of the Constitution.

Some 220-odd years later, that initial pledge has been broken so many times it is difficult to keep track. The latest violation is as blatant as it is unconstitutional, but that system of checks our framers thought they had institutionalized within our founding document has long since ceased to be effective.

Sacrificing liberty for a little temporary security

The latest outrage comes via the Department of Homeland Security, the behemoth all-encompassing "national security" agency that increasingly operates as if there had never been a Declaration of Independence, a Revolutionary War and a Constitutional Convention.

Apparently, the department - along with other federal agencies - have granted themselves the authority to search and seize electronic devices from anyone who enters the U.S., without probable cause.

The self-granted authority has its genesis in a case from about four years ago. Per Forbes magazine:

Agnieszka Gaczkowska, a 29-year-old doctor and entrepreneur from Poland, was traveling through Detroit's airport on her way to Boston when her bag was selected for random inspection. The inspection officer asked her if she had any documents with her. Exhausted after a long journey, she replied that she did not, forgetting that she had put a few outstanding bills in one of her textbooks.

Suddenly, she found herself in serious trouble. The inspection officer found the bills and accused her of "lying to a federal officer." They held her for two hours as she was interrogated about the details of her life. The officer ordered her to turn her phone on, and then proceeded to read her e-mails, texts, and Facebook messages without her permission. She was shocked. Eventually, Gaczkowska was released, but she wondered if this was a common practice.

As it turns out - it is...


After review, the department reaffirms its unconstitutional behavior

Scores of thousands of travelers face a similar situation every year. And just as it is with another DHS-run agency - the Transportation Security Administration - there seems to be no rhyme or reason to the searches.

And though the department's autobots have already been committing serial violations of the Fourth Amendment, for some reason DHS felt the need to quietly release a strangely worded reaffirmation of their operatives' rights to search and seize electronics at will anywhere along the border (which DHS defines as up to 100 miles inland).

According to Wired.com, the department announced in 2009 it would conduct a review of its warrantless search and seizure procedures within 120 days. Three years later, the department's office of Civil Rights and Civil Liberties published a two-page executive summary of its findings, which essentially reaffirmed its earlier unconstitutional behavior.

"We also conclude that imposing a requirement that officers have reasonable suspicion in order to conduct a border search of an electronic device would be operationally harmful without concomitant civil rights/civil liberties benefits," said the findings.

The warrantless search-and-seizure of electronic devices - which are considered by many in the industry to be the modern-day equivalent of housing our "papers and effects" - was first implemented during the final days of the Bush administration in 2008; they were continued under President Obama. According to DHS data, some 6,500 people had their electronic devices searched between 2008 and 2010.

Surveillance of private communications 'poses a grave danger'

According to U.S. legal precedent, the Fourth Amendment's protections do not apply along the border, Wired.com reported. But you don't have to be a lawyer or a U.S. court to read the text of the amendment to know that border or not, the government does not have an inherent right to search without reasonable suspicion.

"There should be a reasonable, articulate reason why the search of our electronic devices could lead to evidence of a crime," Catherine Crump, a staff attorney for the American Civil Liberties Union, told Wired.com. "That's a low threshold."

In a brief opposing the practice, the group Privacy Rights Watch points out that the founding fathers adopted the Bill of Rights "against the background of knowledge that unrestricted power of search and seizure could also be an instrument for stifling liberty of expression." (Marcus, 367 U.S. at 729)

"Surveillance of private communications therefore poses a grave danger to free speech," the group concluded.

Sources:

http://www.forbes.com

http://www.homelandsecuritynewswire.com

http://www.wired.com/threatlevel/2013/02/electronics-border-seizures

Get breaking news alerts on GMOs, fluoride, superfoods, natural cures and more...
Join over four million monthly readers. Email privacy 100% protected. Unsubscribe at any time.


Have comments on this article? Post them here:

comments powered by Disqus

Take Action: Support NaturalNews.com

Email this article to a friend

Permalink to this article:

Reprinting this article: Non-commercial use OK, cite NaturalNews.com with clickable link.

Embed article link: (copy HTML code below):
Most Popular
Today | Week | Month | Year

See all Top Headlines...



GET SHOW DETAILS
+ a FREE GIFT

Now Available at ShopNaturalNews.com

O3 Essentials OraJuvenate™
A powerful, cleansing dental cream for maximum oral/dental health.
New Cancer Solutions
Over 3 hours of content covering today’s best cancer tests, how to kill cancer cells and the best diets and exercise routines.
Freeze-Dried 100% Organic Whole Corn
Our freeze-drying method preserves taste, texture and nutrients better than any other food preservation method ever invented.
Fenix TK35 Flashlight
Tough, waterproof, extremely bright and it’s touted to throw an 800+ lumen beam more than 1,000 feet into the night.
Inca Treasure Smoothie Pack
This pack of our four most popular superfoods from South America is the perfect combo pack for smoothie lovers.
Pink Himalayan Salt
This salt delivers significant levels of magnesium, zinc and selenium, with trace levels of dozens of other elements.
Pinhole Glasses - Aviator Style
Pinhole glasses are becoming famous for helping people improve their vision without the risks of laser surgery.
Oxy-Rich Facial Serum
O3 Essentials Jojoba Oxy-Rich Facial Serum is cellular nourishment for your skin. Helps smooth fine lines while enhancing tissue elasticity.
Freeze-Dried 100% Blackberry Halves
Our freeze-dried blackberry halves are grown in Serbia under strict organic standards.

Also on NaturalNews:

Health Ranger Videos
Activist music
CounterThink Cartoons
Food documentaries
FREE Special Reports
Podcasts
Colloidal Silver

Advertise with NaturalNews...

Support NaturalNews Sponsors:

Advertise with NaturalNews...

Most Popular Stories

Flu shot kills 19-year-old, but vaccine industry still has total immunity against lawsuits
Here's a nutty fact: Eating more tree nuts lowers the risk of all-cause death by up to 20 percent
Six important facts you're not being told about lost Malaysia Airlines Flight 370
Malaysia Airlines Flight 370 now clearly a government cover-up: All evidence contradicts official story
10 other companies that use the same Subway yoga mat chemical in their buns
BLM fracking racket exposed! Armed siege and cattle theft from Bundy ranch really about fracking leases
High-dose vitamin C injections shown to annihilate cancer
U.S. treating meat with ammonia, bleach and antibiotics to kill the '24-hour sickness'
USDA to allow U.S. to be overrun with contaminated chicken from China
Vaccine fraud exposed: Measles and mumps making a huge comeback because vaccines are designed to fail, say Merck virologists
Battle for humanity nearly lost: global food supply deliberately engineered to end life, not nourish it
Diet soda, aspartame linked to premature deaths in women

25 Amazing Facts About Food

This FREE downloadable report unveils a collection of astonishing and little-known facts about the food we eat very day. Click here to read it now...

 

Resveratrol and its Effects on Human Health and Longevity - Myth or Miracle.

Unlock the secrets of cellular health with the "miracle" nutrient Resveratrol Click here to read it now...

 

Nutrition Can Save America

FREE online report shows how we can save America through a nutrition health care revolution. "Eating healthy is patriotic!" Click here to read it now...

The Healing Power of Sunlight and Vitamin D

In this exclusive interview, Dr. Michael Holick reveals fascinating facts on how vitamin D is created and used in the human body to ward off chronic diseases like cancer, osteoporosis, mental disorders and more. Click here to read it now...

Vaccines: Get the Full Story

The International Medical Council on Vaccination has released, exclusively through NaturalNews.com, a groundbreaking document containing the signatures of physicians, brain surgeons and professors, all of which have signed on to a document stating that vaccines pose a significant risk of harm to the health of children. Click here to read it now...

Health Ranger Storable Organics

GMO-free, chemical-free foods and superfoods for long-term storage and preparedness. See selection at www.StorableOrganics.com



Recommended Resources On:

Natural News trends
Health Ranger news
Natural News GMOs
Mike Adams tracker
Natural News photos
Natural News Global
Natural News in focus
Natural News connect
Natural News shocking stories
Natural News radar
GMOs
Quackwatch
Vaccines
Health freedom
Dr. Paul Offit

This site is part of the Natural News Network © 2014 All Rights Reserved. Privacy | Terms All content posted on this site is commentary or opinion and is protected under Free Speech. Truth Publishing International, LTD. is not responsible for content written by contributing authors. The information on this site is provided for educational and entertainment purposes only. It is not intended as a substitute for professional advice of any kind. Truth Publishing assumes no responsibility for the use or misuse of this material. Your use of this website indicates your agreement to these terms and those published here. All trademarks, registered trademarks and servicemarks mentioned on this site are the property of their respective owners.

eTrust Pro Certified Android app on Google Play

Sign up for the FREE Natural News Email Newsletter

Receive breaking news on GMOs, vaccines, fluoride, radiation protection, natural cures, food safety alerts and interviews with the world's top experts on natural health and more.

Join over 7 million monthly readers of NaturalNews.com, the internet's No. 1 natural health news site. (Source: Alexa.com)

Your email address *

Please enter the code you see above*

No Thanks

Already have it and love it!

Natural News supports and helps fund these organizations:

* Required. Once you click submit, we will send you an email asking you to confirm your free registration. Your privacy is assured and your information is kept confidential. You may unsubscribe at anytime.