Submitted by Gemnicherry t3_10vpl1o in WorcesterMA
Whole-Wishbone-7539 t1_j7itgq8 wrote
As I always ask... how is this not a blatant violation of our fourth amendment rights?
ganymede62 t1_j7iu2h5 wrote
It is, in fact, a blatant violation.
SmartSherbet t1_j7khxgr wrote
I'm no lawyer, but it seems to me that the courts have often inferred driving to imply consent to various kinds of searches that would be unconstitutional if you were just walking around. No person has to drive, so when you make the choice to do so, you consent to submitting to certain procedures designed to ensure the safety of the public. Don't want your property or person searched in this manner? No problem - take the bus or walk instead of driving.
EDIT: obviously I know that's not realistic for everybody, but it's the logic the courts have used to justify this kind of search.
wsdog t1_j7k55dm wrote
No. The constitution prohibits arbitrary and unreasonable searchers. The Commonwealth of Massachusetts decided that public benefits of checking if you are in compliance while executing your privilege to drive a car overweights your inconvenience to be stopped. They cannot stop you if you are walking or riding a horse, because it's not a privilege.
While it's technically lawful I personally think it's bullshit and just executing a loophole in the Constitution.
Cheap_Coffee t1_j7l61i8 wrote
Driving isn't considered a right because it takes place on government-provided streets.
I googled that answer here: https://constitutionstudy.com/2019/07/05/is-driving-a-right-or-a-privilege/comment-page-1/
godemers t1_j7j57mf wrote
I think because we live within 100 miles of a border (two-thirds of the United State’s population does) we forfeit our fourth amendment rights.
I’m not exactly sure on the particulars although I do know about it, maybe someone that knows more about it can chime in.
[deleted] t1_j7j8r9n wrote
Technically the checkpoints are unconstitutional as they fall into the category of unreasonable search and seizure w/o probable cause, but apparently the Supreme Court decided to leave it up to the states for whatever reason.
http://www.duicheckpoints.net/areduicheckpointsunconstitutional.html
Gemnicherry OP t1_j7j3szr wrote
I concur 100% with you two. What’s even worse are the government surveillance drones I constantly see in my town and am followed by constantly. I know it sounds crazy but apparently I’m under some kinda “investigation” for something….one example of the drones for all u downvoters
FirstOrderRouge t1_j7ksjq9 wrote
Talk to a Psychiatrist please
Gemnicherry OP t1_j7lnwun wrote
Gemnicherry OP t1_j7lotv6 wrote
Cheap_Coffee t1_j7l6ctj wrote
Look on the bright side: the drones are quieter than those black helicopters were. So that's a win.
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