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Police Stopping All Cars Entering BWI (Baltimore-Washington Int'l Airport)
ABC 7 News ^
Posted on 01/06/2004 9:10:00 AM PST by Sub-Driver
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To: Viva Le Dissention
Sounds amazingly unconstitutional Some may not have noticed, but we are at war.
21
posted on
01/06/2004 9:31:05 AM PST
by
RightWhale
(Repeal the Law of the Excluded Middle)
To: eastforker
By that logic, you could say that a road is public property and that by driving on the road, you automatically consent to a search.
This isn't the way it works. The Fourth Amendment protects people, not places.
To: eastforker
Beat me by 38 seconds and asked a better question.
23
posted on
01/06/2004 9:32:36 AM PST
by
Stentor
To: Viva Le Dissention
I hope they are writing tickets for failure to wear the seatbelt as well.
24
posted on
01/06/2004 9:33:35 AM PST
by
TBall
To: Viva Le Dissention
Would this apply when entering a controlled area?
Everyone who boards an aircraft is subject to search.
Everyone who enters a courthouse is subject to search. (at least locally)
To: Stentor
There's no "right to drive into an airport" anymore than there is a "right to walk down the street" or a "right to sit in your house and pick your nose."
Either way, though, the government can't just search you when you're walking down the street, or sitting in your house picking your nose, or, in this case, driving into an airport.
To: RightWhale
Oh, right, I forgot that clause in the constitution that says, "in case of war, ignore this document."
To: Viva Le Dissention
Sounds amazingly unconstitutional,If they're just stopping cars and talking to people, but not searching, I don't see where there's anything unconstitutional. Do you think drunk driving checkpoints are unconstitutional?
28
posted on
01/06/2004 9:35:33 AM PST
by
lasereye
To: Viva Le Dissention
Wrong, the airport is a restricted area.The article says the searches are being done upon entry, a prerequisite. When you enter a government building you go through the metal detector, that is a form of search, same as when you board the plane.
29
posted on
01/06/2004 9:37:45 AM PST
by
eastforker
(The color of justice is green,just ask Johny Cochran!)
To: Viva Le Dissention
the constitution is not a suicide pact, if you don't want your car searched, make a u-turn and drive home.
To: MediaMole
It is certainly true that you are required to submit to a search when boarding an aircraft (a decision with which I personally disagree). This is based on the consent theory--I buy a ticket, I consent to be searched.
However, two reasons that this doesn't apply here. Number one, is that I am always free to refuse a search if I don't board the plane. For instance, let's say I'm singled out in the line and they are fixing to open my luggage and search it. I always have the option of refusing the search and not boarding the plane. It's not an *absolute* right to search by the government.
Second, there is no implied consent to be searched here, like there is when buying an airline ticket. That you are merely driving into the airport isn't enough. Following that logic, again, you could effectively read out the Fourth Amendment by saying that anytime you leave your house, you are "consenting" to a search by law enforcement. I just don't think that works.
To: lasereye
In Texas drunk driving check points are unconstitutional and they don't have them.
32
posted on
01/06/2004 9:40:01 AM PST
by
eastforker
(The color of justice is green,just ask Johny Cochran!)
To: Viva Le Dissention
so then all luggage searches at airport check-in violate the 4th amendment too?
To: Viva Le Dissention
Begging the question. Who holds the property rights?
34
posted on
01/06/2004 9:40:15 AM PST
by
RightWhale
(Repeal the Law of the Excluded Middle)
To: Viva Le Dissention
You are absolutely correct, but don't expect a positive response around here anymore.
35
posted on
01/06/2004 9:41:14 AM PST
by
B Knotts
(Go 'Nucks!)
To: lasereye
If they're just stopping cars and talking to people What would be the point of this other than to search the vehicle?
"So, hey, how ya doin? Thanks for stopping. Yeah, nice weather we've been having. 70 the other day. That was great. 70 in the middle of winter. Who knew? Well, all right, thanks for talking, have a nice day!"
To: eastforker
In Texas drunk driving check points are unconstitutional and they don't have them.What about the U.S. constitution, since BWI airport isn't in Texas?
37
posted on
01/06/2004 9:42:20 AM PST
by
lasereye
To: oceanview
It is my personal opinion that luggage searches do violate the 4th Amendment.
The courts have gotten around this two ways which I have mentioned earlier. One is that you can always refuse the search by not boarding the plane. Just being in the airport isn't enough to allow them to search you. Number two is that you have "consented" to the search by buying the ticket. Neither of those apply here.
To: eastforker
when you enter a courthouse (at least in NY) its more then just a metal detector, your briefcase is searched, and some people are frisked/wanded.
To: RightWhale
The property rights to what?
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