I wrote the following to my US Senators:
[i]Dear Senator Burr (also sent to Sen. Hagan)
I was appalled today when I read an article on CNN.com regarding the TSA swabbing peoples’ hands as they went through security at our airports. What happened to the Fourth Amendment? This act of swabbing hands undoubtedly constitutes a search without a warrant.
As you may recall, the Fourth Amendment reads as follows: “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.” That means the TSA must have probable cause to swab my hands. The ACLU says this is a good idea…apparently they do not care for Civil Liberties in this case. I hope you have other ideas.
I would like to call your attention to Katz v. United States, 389 U.S. 347 (1967); a Supreme Court case which ruled that the Fourth Amendment covered a person’s “reasonable expectation of privacy”. Well Mr. Senator, I do NOT appreciate the Federal Government swabbing any part of my body without my consent, and therefore I believe this action to be, not only illegal, but unconstitutional. I reasonably expect not to be physically and illegally searched.
How long are we as Americans going to allow the TSA to operate above the law under the guise of “National Security”? Was it not a TSA member who allowed the underwear bomber on a plane? As long as this rampant lawlessness is afoot, Americans are not safe. It’s bad enough the TSA can randomly open your luggage and rifle through your personal items taking what they wish. How long until we let them become the American version of the secret police?
I ask you, Sir, what are YOU doing to stop this illegal and unconstitutional practice? I shall follow this issue very closely. You have my vote as a Conservative, but now I need you to do something for me as well as for the Constitution. Please make this known in Congress, and I urge you to stop it. There are Constitutional ways of making our skies safe.
[/i]