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Old Jul 22, 2013 | 10:35 am
  #65  
WillCAD
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Originally Posted by PTravel
(1) The 4th Amendment applies to searches, irrespective of signs, when performed by the government.
That's always been my position as a lay person, but of course I always keep in mind that my personal interpretation of the Constitution may not jibe 100% with established legal precedent.

For example, I have never understood how "sobriety checkpoints" can possibly be legal. They're a widespread dragnet in random locations, stopping people wholesale to conduct sobriety tests (which are a type of search, IMHO), done without warrant or probable cause.

On the other hand, were such checkpoints set up at the parking lot exits of bars and night clubs, I wouldn't have a problem with them. After all, while the percentage of people who go to a bar and drink alcohol is not 100% (some go for the food or music, some are designated drivers, etc), the percentage of people who drink alcohol while in a bar is high enough (again, IMHO) to constitute probable cause that a crime is being committed when a person exits a bar, gets behind the wheel, and attempts to drive out of the parking lot.
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