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To: microgood

There is an implied consent in driving and traveling by air - in exchange for allowing me to drive, I will consent to sobriety checkpoints or giving a breathalyzer if stopped for speeding. In exchange for allowing me to travel by air, I consent to allowing my person and luggage to be searched.

This law legislates an implied consent into welfare payments. In exchange for receiving welfare, the recipients agree to be periodically tested for drugs.

Search with the consent of the owner can reveal evidence admissible in court.


64 posted on 05/06/2011 3:35:58 PM PDT by CholeraJoe (To conserve energy, the light at the end of the tunnel has been turned off permanently.)
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To: CholeraJoe
There is an implied consent in driving and traveling by air - in exchange for allowing me to drive, I will consent to sobriety checkpoints or giving a breathalyzer if stopped for speeding. In exchange for allowing me to travel by air, I consent to allowing my person and luggage to be searched.

Sobriety checkpoints are allowed in some states based on a Supreme Court ruling that carved out a special exception in the 4th Amendment. Even the Supreme Court acknowledged in that case that sobriety checkpoints are a violation of the 4th Amendment of the Constitution, but they granted an exception. 11 States do not allow them.

This law legislates an implied consent into welfare payments. In exchange for receiving welfare, the recipients agree to be periodically tested for drugs.

I know of no Supreme Court ruling that allows for an exception to the 4th Amendment in this case. They can write such a law but it can be challenged and eventually make its way to the Supreme Court.
70 posted on 05/06/2011 4:18:41 PM PDT by microgood
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