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Old Feb 8, 2009 | 5:20 pm
  #4  
law dawg
 
Join Date: Aug 2004
Posts: 4,704
Originally Posted by Spiff
Currently, the Constitution's interpretation unfortunately includes permissibility of "implied consent" searches and permits searches that would normally be forbidden to be conducted if "public safety" is the reason for the search.

I disagree mightily with both of these assertions. All searches should only be conducted with explicit consent and permission. And "public safety" be damned: the should never be such exceptions to the 5th Amendment.
I forgot to add to my post the question that how is the TSA different today than previous screening?

And to clarify, TSA searches aren't implied consent. I once thought they were, as they were what seemed to apply from my LE work. Actually, they're administrative searches, which are derived from United States v. Davis, 482 F.2d 893, 908 (9th Cir. 1973).
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