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Originally Posted by JimDandy
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You still have not cited a federal court of appeal case saying that the simple asking of a question is a search.
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No I haven't. Nor have you provided one that says requiring a person to verbally or otherwise inventory the contents of their home isn't a search. I have provided several that show a search is not limited to an officer physically entering your home and looking around himself, and that compelling production of records is a search.... |
I don't need to cite a case. It's your claim that the questionnaire violates one or more constitutionally protected rights. Therefore, it's your burden to support that claim. The reality is that the question has been asked. You now challenge the legality of asking the question, so it's up to you to make that stick.
The cases you've cited in which the government actions were found to constitute a search involve physical intrusion or surreptitious surveillance under circumstances in which one has a reasonable expectation of privacy. They have nothing to do with the simple asking of a question.
Not every governmental annoyance or perceived impertinent question is a violation of a constitutional right.
When you get a federal judge to buy your analyses, let us know. In the meantime, you've not made your case.