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posted by cmn32480 on Sunday August 27 2017, @09:42PM   Printer-friendly
from the they-won't-come-for-me dept.

Congress just passed, and Trump signed, a law that makes all properties adjacent to the rail system operated by the Washington Metropolitan Area Transit Authority, Constitution free zones.

From TFA on zerohedge.com:

"In performing its duties, the Commission, through its Board or designated employees or agents, may: Enter upon the WMATA Rail System and, upon reasonable notice and a finding by the chief executive officer that a need exists, upon any lands, waters, and premises adjacent to the WMATA Rail System, including, without limitation, property owned or occupied by the federal government, for the purpose of making inspections, investigations, examinations, and testing as the Commission may deem necessary to carry out the purposes of this MSC Compact, and such entry shall not be deemed a trespass."

As we all know, the standard in the 4th Amendment is a particularized warrant based on probable cause, "reasonable notice and need" as determined by the cops (i.e. agency chief), is not the same thing at all.

We already have constitution free zones within 100 100 miles of any border, and this provides a convenient framework to do a similar thing along any rail line (or road) so the Feds can liberate the center of the country from any form of Constitutional protection. Anyway ... the 4th Amendment is already dead at this point, but its piecemeal demise should provide a useful education for those clamoring for the demise of the 1st.


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  • (Score: 2) by mhajicek on Monday August 28 2017, @01:32AM (4 children)

    by mhajicek (51) on Monday August 28 2017, @01:32AM (#559993)

    DUI checkpoints are illegal in my state.

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  • (Score: 2) by Wierd0n3 on Monday August 28 2017, @02:01AM (1 child)

    by Wierd0n3 (1033) on Monday August 28 2017, @02:01AM (#560010)

    they do them here too, but you get out of them fairly easily by claiming entrapment.

    • (Score: 0) by Anonymous Coward on Monday August 28 2017, @02:35AM

      by Anonymous Coward on Monday August 28 2017, @02:35AM (#560021)

      And then they bitchslap you with what entrapment actually is, pointing out that the police did not coerce or trick you into driving under the influence.

  • (Score: 3, Touché) by Pslytely Psycho on Monday August 28 2017, @03:16AM (1 child)

    by Pslytely Psycho (1218) on Monday August 28 2017, @03:16AM (#560034)

    They are illegal here as well, assuming you live somewhere other than Washington, (the state, not DC comix, and no, we are not part of Canada)

    "Although the U.S. Supreme Court has found sobriety checkpoints to be constitutionally permissible, ten states (Idaho, Iowa, Michigan, Minnesota, Oregon, Rhode Island, Texas, Washington, Wisconsin, and Wyoming) have found that sobriety roadblocks violate their own state constitutions or have outlawed them."

    An interesting mix of red and blue states, damn, we CAN agree on something!

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    • (Score: 2) by dry on Monday August 28 2017, @09:40PM

      by dry (223) on Monday August 28 2017, @09:40PM (#560530) Journal

      I'm in Canada, the courts have ruled that random DUI checks are unconstitutional but it is legal for the cops to check for a drivers license, so they take a good sniff and if they detect alcohol, they have probable cause to do a breathalyzer test. The roadside ones are good enough for Provincial law, eg a 24 hour suspension with all kinds of costs and perhaps a 3 month suspension. Much harder to get a criminal conviction (criminal law is federal). At least it is impossible for us to sign our right not to have our blood removed against our will as the courts consider that an extreme search.