Police Stopping All Cars Entering BWI (Baltimore-Washington Int'l Airport)

ABC 7 News ^

[Sub-Driver]

Police Stopping All Cars Entering BWI Tuesday January 06, 2004 11:20am

Linthicum, Md. (AP) - Maryland Transportation Authority police are stopping all cars entering Baltimore-Washington International Airport for security checks.

Police officials say that the "100 percent security checks" began after 10 a.m. Police say the sweeps are not a response to a specific threat.

Police aren't saying how long they will continue checking every car that enters the airport.

Airport officials say that the sweeps are not expected to create major delays entering the airport. And they still recommend that passengers plan on arriving 90 minutes before their scheduled flights.

[RightWhale]

Sounds amazingly unconstitutional

Some may not have noticed, but we are at war.

[Viva Le Dissention]

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.

[Stentor]

Beat me by 38 seconds and asked a better question.

[TBall]

I hope they are writing tickets for failure to wear the seatbelt as well.

[MediaMole]

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)

[Viva Le Dissention]

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.

[Viva Le Dissention]

Oh, right, I forgot that clause in the constitution that says, "in case of war, ignore this document."

[lasereye]

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?

[eastforker]

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.

[oceanview]

the constitution is not a suicide pact, if you don't want your car searched, make a u-turn and drive home.

[Viva Le Dissention]

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.

[eastforker]

In Texas drunk driving check points are unconstitutional and they don't have them.

[oceanview]

so then all luggage searches at airport check-in violate the 4th amendment too?

[RightWhale]

Begging the question. Who holds the property rights?

[B Knotts]

You are absolutely correct, but don't expect a positive response around here anymore.

[Viva Le Dissention]

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!"

[lasereye]

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?

[Viva Le Dissention]

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.

[oceanview]

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.

[Viva Le Dissention]

The property rights to what?