court case

January 31, 2012
By Anonymous

If someone chooses to travel in an airplane they sacrifice some rights to privacy for the protection of other travelers and ultimately America. Because, if they didn’t, a situation like 9/11 could repeat itself and happen all over again.
In the case Lenore Zimmerman v. TSA Lenore said she was taken to a private room. She was told to take off her pants and clothes after she was asked by the TSA to continue the screening because she was worried it would interfere with her defibrillator. Lenore missed her flight and she had to take another one two in a half hours later. Lenore Zimmerman felt like her right to privacy was violated. The right to privacy is in the fourth amendment which states “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.”
In the case Minnesota v. carter a Minnesota officer looked in a window of an apartment through a gap in a closed blind. The officer watched three people putting a white substance into plastic bags. After the officer watched he informed head quarters and made sure search warrants were prepared. When Carter and Johns left the building and drove away they were stopped by police. Police found a loaded gun and a black pouch on the vehicle floor. A search of the vehicle revealed seven grams of cocaine and plastic bags. In the fourth amendment it suggested that “its protections extend only to people in their houses. But we have held that in some circumstances a person may have a legitimate expectation of privacy in the house of someone else.” What this quote is saying is that you should expect to have your privacy violated when you walk into a public place which is not your own home. You should also be prepared so you don’t need to have your privacy invaded.
The case Vernonia School v. Acton supports why TSA didn’t need a warrant to search Lenore Zimmerman. This case also supports that once you’re in a public place like a school you don’t have the right for your privacy. In Vernonia v. Acton a boy named James Acton wanted to play basketball. Although in order to be on the basketball team he was told to take a drug test. James parents told the principal that they objected to the consent form and weren’t going to sign it. The school did not have any reason to believe that James used drugs and it violated his privacy. Principal Altman told the family that James could not participate in sports if the sheet was not signed. Both sides refused the Actins refused to sign the sheet and the school refused to allow James to play sports. From the major opinion of the case vernonia school district v. Acton it says “Warrants cannot be issued, of course, without the showing of probable cause required by the Warrant Clause. But a warrant is not required to establish the reasonableness of all government searches; and when a warrant is not required (and the Warrant Clause therefore not applicable); probable cause is not invariably required either.” This means that Lenore Zimmerman did not need a search warrant.
Said in the case Kyllo v. United States the majority opinion read “It would be foolish to contend that the degree of privacy secured to citizens by the fourth amendment had an entirely unaffected by the advance technology.” For example, the technology allowing humans to fly in airplanes has revealed to the public view because of that. The question is how we confront today’s limits that are upon the power of technology to take away guaranteed privacy.
Over all the appeals court would disagree with Lenore Zimmerman because as said in each court case it explains how an individual should expect to have their individual right inferior to the common good for all, no matter what age, you cannot pull the sympathy card just because of age the government must make US citizens equal. Also each case stated that an individual should be prepared to have their privacy invaded once they are not in their own homes. This is so people can be safe, these laws are for the common good. Lenore Zimmerman should have been prepared and she should have known that it was for the common good for people’s safety.

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