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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.
(Score: 2) by Sulla on Monday August 28 2017, @06:17PM (3 children)
This might be an east/west coast thing, where I am in the west the railroad predates most of the construction meaning that there is 15-30 feet between the railroad and any other type of property. If the railroad only owns 5ft out from either side of the tracks, it might not be possible to get in and do repairs without violating someones property.
Ceterum censeo Sinae esse delendam
(Score: 2) by dry on Monday August 28 2017, @06:52PM (2 children)
Possibly. I live on the west coast as well and generally the railroads do have a large right of way, but there's lots of places where it is hard to get access any way besides the rails. Railway going through swamp or right besides the river are examples.
I guess we'll have to see how the law is actually used. Hopefully just a backup plan and they won't need to cross anyone's property.
(Score: 2) by Sulla on Monday August 28 2017, @07:19PM (1 child)
On a bright note when TSA tried to set up a checkpoint at an Amtrak station on the east coast a couple years back the head of Amtrak told them they had to leave or be forcefully evicted.
Ceterum censeo Sinae esse delendam
(Score: 2) by dry on Monday August 28 2017, @09:32PM
That's encouraging. How much of a political appointment is the head of AmtraK? I'm in Canada and I believe the head of VIA rail (our Amtrak equivalent) is a political appointment, a well as railroads being a purely Federal responsibility constitutionally, so the feds have quite a bit of power over even the private rail companies.