Fourth Amendment Right against Search of an Aircraft—a DHS Flight of Fancy?

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ARTICLE: Senators demand answers from DHS, CBP
Biz Jet
It is fairly axiomatic as a matter of law that a citizen shall not be subject to “unreasonable searches and seizures” and that searches shall be only “upon probable cause,” those words are found in the 4th Amendment of the US Constitution. Perhaps the General Counsel of the Department of Homeland Security knows an exception and/or some of the special laws passed with regard to terrorism that obviates that principle. Whatever the justification, DHC appears to be engaging in a pattern of warrantless stops and searches of general aviation aircraft. AOPA has published a number of compelling stories about normal law-abiding pilots being subjected to stops seemingly violative of their 4th Amendment Rights.

The attached letter is a strongly worded epistle from Senators Roberts and Risch to the Acting Secretary of DHS demanding an answer to their prior two letters on the same subject. Hell hath no fury like a powerful Senator scorned!

Stay tuned to the DHS reply; it is due by December 16. Secretary Jeh Johnson, the former Defense Department General Counsel, has hurdles to face before his Senate Confirmation. Likely he will have to explain this mess before his nomination reaches the Senate floor.

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1 Comment on "Fourth Amendment Right against Search of an Aircraft—a DHS Flight of Fancy?"

  1. I am anxious to see the response the DHC provides to these letters.

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