The legal blog you link to asked a question, “Is remote sensing of concealed firearms a search” in terms of the 4th Amendment. Is there an officer safety (Terry frisk) kind of reason this will be allowed, or is there a need to obtain a warrant before use based on reasonable belief a crime is being committed, as present case law would imply. Most commenters at the legal blog answered in terms of the 4th Amendment and its caselaw.
I answered in terms of privacy and the 2nd Amendment. I suspect that a penumbra from a constitutional emanation about privacy that allows the killing of a partially born infant might just also cover the privacy of arming oneself legally in accord with an enumerated constitutional right. We shouldn’t even have to go to the 4th Amendment to decide that.
March 1st, 2012 at 11:59 am
You know, you could have posted a couple more articles between this one and the “Cops support the 2nd Amendment” one to cut down on the irony…
March 1st, 2012 at 1:19 pm
The legal blog you link to asked a question, “Is remote sensing of concealed firearms a search” in terms of the 4th Amendment. Is there an officer safety (Terry frisk) kind of reason this will be allowed, or is there a need to obtain a warrant before use based on reasonable belief a crime is being committed, as present case law would imply. Most commenters at the legal blog answered in terms of the 4th Amendment and its caselaw.
I answered in terms of privacy and the 2nd Amendment. I suspect that a penumbra from a constitutional emanation about privacy that allows the killing of a partially born infant might just also cover the privacy of arming oneself legally in accord with an enumerated constitutional right. We shouldn’t even have to go to the 4th Amendment to decide that.
March 1st, 2012 at 1:59 pm
Fair enough mikee, but you have to admit that a remote pregnancy sensor would change everything, too.