Automated DB searches and the 1st

[Jim Choate]

On Mon, 2 Jul 2001, David Honig wrote:

> The counter to this perspective is that its been considered 'reasonable' to
> look at someone's face (in the optical) for a long time.  It is not
> considered 'reasonable'
> (ergo, not constitutional in the US) to ask folks to remove their camoflage
> and attire, so the IVth protects citizens.  Wear the groucho glasses as a
> protest.

It is only 'reasonable' if you have probably cause. Let's take the example
of the cop standing on the corner with a photograph (obstensibly the same
as computer searches). That photo is of a particular person who has
particular characteristics. Let's assume for the sake of argument that the
person in the photo is a white, blonde, male. The police officer isn't
going to stop blacks, hispanics, women, children, etc.

However, the automated system does exactly this. They are not searching
for a 'particular person' as required by the 4th, they are searching
everyone for instances in the police records. Clearly non-conformal to the
wording of the 4th.


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