Another Blow To Privacy Rights

Unfortunately this is another case of the erosion of civil rights that has hastened during the last several years. Beginning with the Patriot Act, rights to privacy have diminished while unlawful searches seem to be on the rise. This is particularly the case with the Project 100% Law that is enforced in San Diego.

Project 100% is a law that allows for the searching of welfare recipients homes in San Diego County without their permission. If the recipient denies the search of their homes, their welfare rights will be rescinded. This law has been enforced in San Diego for the last ten years and is working under the guise that it will help thwart fraud in welfare cases. Here are a couple of articles on the court proceedings. One is from the Associated Press and the other is from North County Times of Northern California.

I find this law to be wholly unacceptable for the rights of private citizens. Welfare fraud is a problem that needs to be eliminated, but conducting searches without permission is a direct slap in the face to to the Fourth Amendment of the Constitution. Bureaucrats in defense of this law claim that it does not qualify as an illegal search because it is voluntary and the person still has the right to refuse the search, even though they will still lose their welfare rights.

The Supreme Court has chosen not to hear this case, which in essence, secures it's power in the eyes of the law. The last ruling that upheld this law occurred in the Ninth Circuit Court of Appeals, which services the West Coast, much to the chagrin of the judges in the minority of the decision. While some people do nothing but bemoan the status of the welfare system, there is no doubt that it serves a specific function in our society. Welfare fraud is a problem, illegal searching is not the answer.

This op-ed piece from the NY Times does a nice job of explaining what I could not and also reinforces my opinion. While some may consider this to be only to be a problem for the poor, it sets a dangerous precedent for future laws that may blur the line between what is considered to be a voluntary or involuntary search. The Supreme Court is making a dire mistake by refusing the hear this case and I can only hope that there will be another way to attack this law from being enforced.