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To: Fatalist
You might want to rethink your reasoning here. As I stated above, the Constitution doesn't need to limit the right of a private citizen/corporation to conduct unreasonable searches and seizures because they were never considered to have any such authority to begin with. You have no right to interfere with the exercise of my freedom of speech (though you are under no obligation to provide a forum for my speech, which is why FR can remove my posts if they wish) or my right to keep and bear arms, even though the Constitution does not apply to you. Likewise, you have no right to conduct any searches or seizures of my person or property.

In the general public, you're correct. You have no rights over me, nor I over you. In my original post, I failed to qualify my answer - my rights extend to the limits of my property. I have *every* right to impinge upon your right to free speech in my home - I can tell you to shut up or leave. Although it gets a little fuzzier in practice, in theory, I have the right to search you without probable cause if you're on my property.

In the public forum, however, you're completely correct.

105 posted on 02/02/2006 2:13:30 PM PST by Terabitten (The only time you can have too much ammunition is when you're swimming.)
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To: Terabitten
I have *every* right to impinge upon your right to free speech in my home - I can tell you to shut up or leave.

Yes, you can. But that is all you can do. You can't take legal action against me unless I refuse to take one of those two options. If I do refuse to shut up or leave, then I am trespassing and you have cause for legal action.

Likewise, if I am told my bag must be searched, I have two options: allow the search, or leave. So long as I am willing to leave the premises, there is no further action that can be taken.

Now, if I am told when I enter the store that I must consent to be searched when I make a purchase, then I give my consent simply by making that purchase. Failing to allow a search at that point means I've violated the conditions of my being there and action can be taken.

Although it gets a little fuzzier in practice, in theory, I have the right to search you without probable cause if you're on my property.

There are laws in place that give merchants the right to search in certain circumstances. The details and scope of the laws vary, but the searches can never be unreasonable because the government can't grant authority it doesn't itself possess.

116 posted on 02/02/2006 4:29:17 PM PST by Fatalist (60 in 06)
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