WASHINGTON - January 26, 2010 - Gary D. Fielder is a constitutional and criminal lawyer of 20 years. He has conducted over 350 jury trials, appeared in Federal District Court, and argued before the Colorado Court of Appeals and Supreme Court. After graduating from the University of Texas at Austin, Mr. Fielder earned his Juris Doctorate at the University of San Diego in 1990. He grew up in Eagle River, Alaska and now lives in Denver.
Mr. Fielder was mandated by the courtto represent his client in the courthouse but he refused to be scannedby a body scanner on constitutional groundsthat since he was not leaving the city and traveling between jurisdictions and since he had not violated any laws, therefore he had a right to not be scanned. The court deputies were surprised to see any dissident reaction, since most people mindlessly follow orders and assume that it is legal. It isn't. It was not approved by the people and Mr. Fielder demanded that they allow him to enter the courthouse.
He was told by deputies that he could choose not to be scanned and could leave but the truth of the matter is he didn't have a choice; it was mandatory to be scanned in order to enter the courthouse. Mr. Fielder believes his right to privacy was more important and that consent must be given by the person being scannedsince it stores nude photographs of those people who enter the machine. Since consent was not given the deputies had no right to scan the attorneybut unlike travel situations where jurisdiction falls to federal authorities, they had to let Mr. Fielder into the courthouse.
The deputies don't realize that it isnot a choice to go to court, it is required. They were to comply with his request, not the other way around. This police-state style event is exactly what Mr. Fielder specializes in as a constitutional lawyer and he believes his interpretation of the situation should be thoroughly examined. Others are urged to do the same as Mr. Fielder.
Mr. Fielder was mandated by the courtto represent his client in the courthouse but he refused to be scannedby a body scanner on constitutional groundsthat since he was not leaving the city and traveling between jurisdictions and since he had not violated any laws, therefore he had a right to not be scanned. The court deputies were surprised to see any dissident reaction, since most people mindlessly follow orders and assume that it is legal. It isn't. It was not approved by the people and Mr. Fielder demanded that they allow him to enter the courthouse.
He was told by deputies that he could choose not to be scanned and could leave but the truth of the matter is he didn't have a choice; it was mandatory to be scanned in order to enter the courthouse. Mr. Fielder believes his right to privacy was more important and that consent must be given by the person being scannedsince it stores nude photographs of those people who enter the machine. Since consent was not given the deputies had no right to scan the attorneybut unlike travel situations where jurisdiction falls to federal authorities, they had to let Mr. Fielder into the courthouse.
The deputies don't realize that it isnot a choice to go to court, it is required. They were to comply with his request, not the other way around. This police-state style event is exactly what Mr. Fielder specializes in as a constitutional lawyer and he believes his interpretation of the situation should be thoroughly examined. Others are urged to do the same as Mr. Fielder.