when a person gets off the train, and it says passangers are subject to random searches by police officers, is this legal or is this considered illegal.
2007-11-21 15:17:56 · 4 answers · asked by ersan b 4 in Politics & Government ➔ Law & Ethics
:)
2007-11-21 16:10:07 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Is there a citation at the bottom of the sign? You might see what the local ACLU has to say about "random" searches. The randomness is frequently suspect if the police can't show how they determined that a search was, in fact, random.
If they let the mommy and priest go, but do a "random" search on the hippie, it's not random. And anything they discover as a result of an illegal search will get tossed out of court and leave them vulnerable to suit for false arrest under color of authority.
Without knowing more, I'm not sure the search is "random." One place a search can happen and it need not be random is when you arrive from a foreign country at the border or funtional equivalent. From your question, I'm guessing that this is a domestic train, not international. Just trying to give you a complete answer.
2007-11-21 15:37:22 · answer #2 · answered by going_for_baroque 7 · 2⤊ 0⤋
Its legal. The 4th amendment guarantees freedom from illegal search and seizure which basically means unreasonable search and seizure. In this case public safety trumps this right.
2007-11-21 15:32:42 · answer #3 · answered by StressedLawStudent 4 · 2⤊ 0⤋
its legal if you are warned, and since it is "random" it is legal in every state, and in Canada.
i dono how its put in America, but in canada people have the right against 'Unreasonable search and seizure'
and th reason, public 'safety', which outweighs your individual 'wants'
it dosent only apply to police, a school teacher can pat down a student, as long as he does it consistently, and randomly, not on one occasion.
2007-11-21 15:22:07 · answer #4 · answered by Anonymous · 1⤊ 0⤋