To: SALChamps03
However, I believe that this type of search does not violate the Fifth Amendment. Here's why: The police are not stopping people on the street and randomly searching them. The city is saying that as a condition of riding the subway, you might be subject to a bag search. If someone doesn't consent to the search, they are free to do two things: leave their bag at home, or not ride the subway. That is not a violation of the Constitution.
Let's take this out to it's logical conclusion then.
Bombs in London on mass transit. New York, Washington, etc. say (to quote your words) "as a condition of riding the subway, you might be subject to a bag search. If someone doesn't consent to the search, they are free to do two things: leave their bag at home, or not ride the subway"
Now no Americans have been killed by the bombs in London, but we've had many Americans (soldiers) killed by car & truck bombs in Iraq.
What if some cities said (to use your words, only replacing a few words - bolded):
"as a condition of using the roads, you might be subject to an automobile search. If someone doesn't consent to the search, they are free to do two things: leave their car at home, or not use the roads"
Puts a twist on things, doesn't it.
To: af_vet_rr
My point exactly in #268.
304 posted on
07/22/2005 12:27:57 PM PDT by
beltfed308
(Cloth or link. Happiness is a perfect trunion.)
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