Ever wonder how the law adapts to technology that makes it harder or easier for police to search and seize suspected criminals? Orin Kerr posits that an Equilibrium-adjustment exists. "Courts respond to the new facts by trying to restore the old level of protection. If a new technology or practice increased government power, courts ratchet up Fourth Amendment...
Undoing the Fourth Amendment
"Carlos Gonzalez, 21, of Weston, Florida, stands spread-eagled while an officer pats him down. When the officer bends to frisk his legs, Carlos lowers his arms without asking permission. The officer snarls, 'Hey, we're not even close to being finished. What are you trying to hide?' While a crowd watches, Carlos is ordered to disrobe. He hands over his shoes and belt and empties his pockets as the search continues in mortifying detail.
Is Carlos a convicted criminal entering prison, or is he merely among the 10–15 percent of American citizens whom the Transportation Security Administration (TSA) hauls aside for 'additional screening' at the nation’s airports? Two million passengers weekly are pawed as if they were felons, though their only crime is catching a flight. And while even suspected murderers are not supposed to be searched without warrants, law-abiding passengers such as Carlos abandon this freedom when they enter an airport as surely as Dante's sinners abandon hope when they enter hell."
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