Tuesday, March 1, 2011

Search And Seizure- Current Events 2

The Fourth Amendment gets puts into question at airports beginning this past holiday season. The article entitled, " Pat-Downs at Airports Prompt Complaints," found in the New York Times explains the controversy surrounding this issue. Pat-Downs are put into effect immediately, require extreme touching of the body upon entering an airport.  Such measures have never been taken before, but are necessary in protecting the public. However, many people, both male and female, are complaining because they feel uncomfortable being touched in their private areas. Those who travel frequently are subject to this every time. Those who oppose this practice claim their Fourth Amendment Rights are violated because there is no reasonable suspicion. In fact, the only time they are allowed to be patted down in such a way is when they're about to be arrested. Without a search warrant, that specific airport search, they claim, is unconstitutional. However, the government refuses to hear the complaints of the public. Those who are patting down travelers have to follow certain regulations, and children are subjected to less serious pat downs. On top of that, the pat down must be performed by someone of the same gender as you.  I do not feel that the complaints need to be taken seriously. The search and seizure is done is regulated way and it is necessary for public safety of all people. It is better to be "safe than sorry," in a case like this. This type of  search in airports is justified, especially since people have the option to opt out of the pat down and take the scan, (although the scan is very detailed, which can also be seen as a violation of the Fourth Amendment.) All and all,  general public safety comes first.

http://www.nytimes.com/2010/11/19/business/19security.html

Friday, February 11, 2011

Current Events 1

Published on December 21st, 2010, the article "Firefighter Charged with Speeding and Texting before Hit and Run," describes a situation in an off duty firefighter in Brooklyn was involved in a hit and run accident. It was 12:30 am and Pat Quagliariello was coming home from a "boys night out," and stuck Manuel Tzaj with his BMW while he was reportedly texting. He left the scene of the crime, and left Tzaj "to die." He is being charged with reckless driving and violating speed regulations. He was later released on bail. Mens Rea, the intent to harm was not there. Quagliariello was not drunk, but was merely on his way home. Actus Reus, the criminal act did occur. Reckless driving and speeding are against the law. He is guilty.