I think it is very telling that when the issue is
freedom, so many people respond as though the issue is merely
convenience.
Old Dog, thanks for your service.
Now tell me: what, exactly, were you trying to preserve by serving?
I cannot find it in my files, but I do recall one of the President's spokespeople commenting that the President had taken an oath to protect the United States, an oath he took very seriously.
That's great, except the oath he took was
not to protect the States. The oath he took was to protect the
Constitution of the United States -- the same oath you yourself swore.
You cannot honorably claim that your service means that you are allowed to trample the Constitution or to urge its trampling under the guise of "protecting people."
That would be a violation of the oath you took.
There is a fairly strict standard in the 4th Amendment. That standard, by the way, is not whether the search is "unlawful." The phrase "... but in a manner to be prescribed by law..." is language from the
3rd Amendment, not the 4th.
The exactly language of the 4th Amendment is:
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.
The 4th Amendment says that there is no law which may lawfully be passed allowing unreasonable or warrantless searches and seizures.
In a random search, probable cause is utterly lacking. Without more cause than a mere desire to travel, if such a search were taken before a judge, a warrant could not lawfully be issued for any particular one of these searches. So the issue becomes whether it is "reasonable" to randomly search people who are merely going about their lawful occasions and peacefully travelling upon a public thoroughfare.
Frankly, given the sorry state of freedom in America in these post-9/11 days, I hold out no hope that the court would rule that such random searches are "unreasonable." They would do as you and others have done, and immediately hare after such tangents as whether I am
inconvenienced by having agents of the state paw through the contents of my private automobile.
But I say again, the issue is not mere convenience. The issue is whether or not I, as a private individual, have a right to be secure in my person, home, papers, and effects -- or whether the state busybodies may nose their way through my private belongings on a mere whim.
pax
If a nation values anything more than freedom, it will lose its freedom; and the irony of it is that if it is comfort or money that it values more, it will lose that too. -- W. Somerset Maugham