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Thread: Search Without Warrant?

  1. #1
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    Search Without Warrant?

    Saw this posted on another forum. Any of you folks know anything about it? I don't trust my interpretation of "legaleze" but sounds like they totally trashed our constitution & did it in secrecy. I'd think that as badly as the media wants to torpedo Trump's administration, they'd be all over this & it'd be wall-to-wall news on the boob tube. 'Course, it does seem to be limited to property adjacent to the railway, in question. Problem I see is if they find out they can get away with this, what about the same thing for property adjacent to interstate highways, etc, etc.

    http://www.zerohedge.com/news/2017-0...y-1-opposed-it
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    Re: Search Without Warrant?

    A key phrase in the law states, "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.....such entry shall not be deemed a trespass.”

    Basically, it's giving the chief executive officer of the Commission the status of a judge to issue a warrant. It also says a "reasonable" notice is given, presumably to the property owner. You can bet that the guys kicking in the door will determine what's reasonable.

    It may or may not pass Supreme Court muster as to whether it's constitutional. Neither Congress nor the President can write a law or order that supersedes a basic right in the Constitution without an amendment ratified by 3/4ths of the states. Of course, the Commission can always pull that "vital to the interests of national security" bromide out of their hat. It's a given that the government can do anything until they find out they can't....and even then they might do it anyway, since the Supreme Court doesn't have enforcement authority. That's why the Second Amendment is necessary.
    Last edited by gun sane; 08-27-2017 at 12:51 PM.
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    Re: Search Without Warrant?

    I guess the main thing that bothers me about this is that it affects such a small section of the country & people that are not affected will ignore it. Then they expand it to other areas & again, those not affected ignore it. That's how we have so many gun laws. If all gun owners had stuck together & objected the first gun regulation, we could have nipped it in the bud.
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    Re: Search Without Warrant?

    And with that last straw I will never vote for a Republican or Democrat again.

    No point. All but 5 are peas in a pod. Including Trump.
    You dont have to believe a train is coming to be run over by it.

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    Re: Search Without Warrant?

    Like mitchr I think a lot of folks will ignore it if it doesn't directly impact them. But this could expand, "reasonably", to include places like the Bay Area Rapid Transit, Dallas Area Rapid Transit, and even Charlie on the MTA. Under the guise of national security someone could want this to apply to Lovers' Lane. This could open a whole new can of worms. But maybe the politicians are just worried about their morning ride.

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    Re: Search Without Warrant?

    Quote Originally Posted by rangefinder View Post
    Like mitchr I think a lot of folks will ignore it if it doesn't directly impact them. But this could expand, "reasonably", to include places like the Bay Area Rapid Transit, Dallas Area Rapid Transit, and even Charlie on the MTA. Under the guise of national security someone could want this to apply to Lovers' Lane. This could open a whole new can of worms. But maybe the politicians are just worried about their morning ride.
    Most will ignore it.
    As far as it violating the 4th A it does.
    But it's got a long way to catch up to get it's piece of the 4th to chew on.
    It'll have to get behind no knock warrants, warrantless vehicle searches and a host of other older atrocities our gov servants have oked.
    You dont have to believe a train is coming to be run over by it.

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    Re: Search Without Warrant?

    Unfortunately, the only ones with "standing" are the ones that are along those corridors and until someone's door gets kicked in and decides to sue before it ever gets to SCOTUS to get it rolled back.

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