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Look But Don't Touch

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Gallup tells us that air travelers would rather have body scans than pat-downs at airport security, 70-22. When asked about scans alone, travelers approve 78-20.

Should polls such as this be relevant in courts' Fourth Amendment determinations? Yes, I think so. The 4A prohibits "unreasonable searches," and how else do we determine what is "reasonable" in matters that have no historical record?  The judges' personal opinions?  The consensus of the law reviews?  The editorial page of the New York Times?  I'll take the consensus of the people.

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If, as I've read, the inquiry should be whether the search or seizure is one that "society" is prepared to accept as reasonable, then polls should be very relevant.

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