Walk, bike, taxi. Essentially, that's your problem. Since when do you have an inherent right to use the subway?
Now assume that you have no access to any of these methods, and without the subway you have no way to get to work at all without consenting to be searched. If you don't consent to be searched, you're screwed. Explain to me exactly how this makes the search unconstitutional. So long as you have a choice in the matter, and can refuse to be searched at the price of leaving the system immediately, I don't see a constitutional problem, even if the search is both unreasonable and warrantless.
Of course, if the search is reasonable then it requires neither consent nor a warrant; or if there's actual evidence that can justify a warrant then it requires neither reasonableness nor consent. Consent, reasonableness, and a warrant issued upon probable cause, are each independent conditions, any one of which justifies a search.
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winterfish
no subject
Date: 2005-07-22 07:37 pm (UTC)Now assume that you have no access to any of these methods, and without the subway you have no way to get to work at all without consenting to be searched. If you don't consent to be searched, you're screwed. Explain to me exactly how this makes the search unconstitutional. So long as you have a choice in the matter, and can refuse to be searched at the price of leaving the system immediately, I don't see a constitutional problem, even if the search is both unreasonable and warrantless.
Of course, if the search is reasonable then it requires neither consent nor a warrant; or if there's actual evidence that can justify a warrant then it requires neither reasonableness nor consent. Consent, reasonableness, and a warrant issued upon probable cause, are each independent conditions, any one of which justifies a search.