Originally Posted by
InkUnderNails
Clearly wrong. Try using that after blowing a .15 at a sobriety check.
Most sobriety checkpoints in the US do not actually administer a breathalyzer test unless they have reasonable suspicion that you are intoxicated (bloodshot eyes or slurred speech). Once they have that, they can legally detain you and it is no longer an administrative search, and the evidence can be used in a criminal trial.
Originally Posted by
InkUnderNails
Also clearly wrong. Only certain people can perform administrative searches under specific defined conditions. The status or job of the person conducting the search is definitely relevant.
The status of the person conducting the search might be relevant to the government for their own procedures, but it is not relevant to the constitutional issue. Whether the person conducting the search is a sworn peace officer or not makes no difference.
Originally Posted by
ScatterX
I think the point CBN was making is that being an LEO, absent any other factor, doesn't automatically preclude you from conducting an administrative search.
Yes, that is correct.