AAA: Ask America Anything

[Madrigal]

Is it true that about 2/3 of Americans are not protected by the Fourth Amendment?
How is this allowed if it's unconstitutional?

I mean I used Google but why should I know what the Fourth Amendment is.

[HighlyIrregular]

Is it true that about 2/3 of Americans are not protected by the Fourth Amendment?
How is this allowed if it's unconstitutional?

That sounds like something I'd hear if I listened to some fringe group, which I don't.

Amendment IV

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.

I don't think any American is unprotected. There seems to be lots of room for interpretation though. I don't know the stats on how often warrants aren't properly issued but people are protected by the !Vth amendment in any case. It's just a matter of how often we have to fight the case.

We have to have freedom of the press in the US but I wish we'd stop allowing messages from the fringe to reach other parts of the world.

[starjots]

Is it true that about 2/3 of Americans are not protected by the Fourth Amendment?
How is this allowed if it's unconstitutional?

Well I had to look up the fourth amendment as well.

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.

Stories related to this topic pop up in the news a lot - not that they mention the 4th amendment, but the police have done something completely horrible like broken down someone's door (even the wrong door) and shot some innocent person. They like to shoot dogs too.

Like every amendment in the Bill of Rights, this one is over 200 years old and means whatever the courts over the centuries have decided it means. The word 'unreasonable' in particular has been stretched.

Now the 2/3 you mention, I'm guessing is with respect to the immigration checkpoint exception. (Wikipedia quote)

Searches conducted at the United States border or the equivalent of the border (such as an international airport) may be conducted without a warrant or probable cause subject to the border search exception. Most border searches may be conducted entirely at random, without any level of suspicion, pursuant to U.S. Customs and Border Protection plenary search authority. However, searches that intrude upon a traveler's personal dignity and privacy interests, such as strip and body cavity searches, must be supported by "reasonable suspicion". The U.S. Courts of Appeals for the Fourth and Ninth circuits have ruled that information on a traveler's electronic materials, including personal files on a laptop computer, may be searched at random, without suspicion.

Most people live near a border, or an airport or whatever. I grew up near the southern border and went through border patrol checkpoints many times. They could have tossed my car for whatever reason.

In general, IF you live in an area with shitty police or worse, sheriff's departments, and fall into their stereotype of criminal-looking, be prepared for some random bullshit. The war on drugs has made all of this worse.

A lot of Americans are authoritarian - I think the last five years has proven that. This is reflected in their local police departments, who tend to be even more authoritarian than the local population. And fuck sheriffs.

[HighlyIrregular]

https://crsreports.congress.gov/product ... B/LSB10387

"The Fourth Amendment to the U.S. Constitution forbids unreasonable government searches and seizures of “the
people,” and this limitation extends to searches conducted at the border. The touchstone of the Fourth Amendment is the
reasonableness of a search. The Supreme Court has recognized that searches at the border are “qualitatively different” from
those occurring in the interior of the United States, because persons entering the country have less robust expectations of
privacy, given the federal government’s broad power to safeguard the nation by examining persons seeking to enter its
territory."

[starla]

I'm not sure what the 2/3 number is referring to, but there is a lot of room for interpretation of the word "unreasonable". Everything is reasonable to cops, it seems. There does need to be stronger limits on how long the government can keep property that is seized when no charges have been filed. This is a hole in the law imo.

[starla]

Also, re: ham sandwiches, I think most americans would put mayo and/or mustard on that, not butter.

[Senseye]

Also, re: ham sandwiches, I think most americans would put mayo and/or mustard on that, not butter.

I tend to think American's are more pro-mayo than anti-butter. I'm not a huge fan of mayo, so I butter (well, margarine) most of my sandwiches. I just don't perceive anything popular in America as leaning towards less calories. But maybe the times are a-changin.

[Utisz]

Most people live near a border, or an airport or whatever. I grew up near the southern border and went through border patrol checkpoints many times. They could have tossed my car for whatever reason.

In general, IF you live in an area with shitty police or worse, sheriff's departments, and fall into their stereotype of criminal-looking, be prepared for some random bullshit. The war on drugs has made all of this worse.

A lot of Americans are authoritarian - I think the last five years has proven that. This is reflected in their local police departments, who tend to be even more authoritarian than the local population. And fuck sheriffs.

https://crsreports.congress.gov/product ... B/LSB10387

"The Fourth Amendment to the U.S. Constitution forbids unreasonable government searches and seizures of “the
people,” and this limitation extends to searches conducted at the border. The touchstone of the Fourth Amendment is the
reasonableness of a search. The Supreme Court has recognized that searches at the border are “qualitatively different” from
those occurring in the interior of the United States, because persons entering the country have less robust expectations of
privacy, given the federal government’s broad power to safeguard the nation by examining persons seeking to enter its
territory."

I'm not sure what the 2/3 number is referring to, but there is a lot of room for interpretation of the word "unreasonable". Everything is reasonable to cops, it seems. There does need to be stronger limits on how long the government can keep property that is seized when no charges have been filed. This is a hole in the law imo.

Yeah, it was based on this ACLU article. I guess it's sort of ironic that the same ones harping on about their "constitutional rights" (imagined or not) are the same ones to welcome the CBP having more powers.

Anyways, back to more important things ...

Also, re: ham sandwiches, I think most americans would put mayo and/or mustard on that, not butter.

Also, re: ham sandwiches, I think most americans would put mayo and/or mustard on that, not butter.

I tend to think American's are more pro-mayo than anti-butter. I'm not a huge fan of mayo, so I butter (well, margarine) most of my sandwiches. I just don't perceive anything popular in America as leaning towards less calories. But maybe the times are a-changin.

Mayo in ham sandwiches is just wrong. Mustard we can have a conversation maybe, meet around the table to look each other's humanity in the eye, but it must begin with a unequivocal rejection of the unholy combination of mayo, ham and bread.

[Utisz]

Does your food and soft drinks and stuff taste different because of high fructose corn syrup? I understand that Coca Cola used to be sugar-based in the U.S. and is still sugar-based (sucrose-based) in many other countries. I guess I'm wondering if you can taste the difference or not.

[Utisz]

Also, when you go for a dump in a public toilet abroad, do you find it comforting that there's no weird gap at the edge of the door and the door is taller than four feet?

(Stigmata need not answer this.)