21 June 2003

Be advised - In Virginia if you use a "Smart Tag" rather than paying cash at toll booths VDOT and the police will violate your right to privacy. They won't even warn you about this as you apply for and get the tag. VDOT will tell the police where you have been at their discretion.

I wish I could say that I am shocked by this but I cannot. I long ago gave up on any belief that there is anything but a tattered remnant left of the federal constitutional right against search and seizure. And the Courts Appellate of Virginia refuse to enforce any constitutional rights not forced upon them by the federal courts thru the federal constitution. If they would enforce the Virginia Constitution this sort of activity would probably be banned by Art. 1 sec. 1, under which "[a]rbitrary and capricious powers are contrary to the genius of our government, are never favored, and seldom granted." Taylor v. Smith, 140 Va. 217, 124 S.E. 259 (1924).


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