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Constitutional rights can be voluntarily waived.
by greyface- 5y ago
Constitutional rights can be voluntarily waived.
- dragonwriter 5y ago> Constitutional rights can be voluntarily waived. That...varies. The right to a speedy trial can be waived. The right against enslavement cannot. You can consent to a warrantless or otherwise unreasonable search given adequate specificity, but outside of a condition for release from otherwise-constitutional more severe deprivation of liberty (e.g., parole from prison) I don't think it can be generally waived in advance, only searches specifically and immediately consented to when being executed. But I don't have any particular cases in mind, and that understanding could be wrong. But “constitutional rights can be waived” is definitely way to broad to be a good useful guide for resolving specific isssues.
- nonameiguess 5y agoYou can definitely consent to giving up the right to not be subject to warrantless search and seizure. Everyone who ever joins the military under UCMJ allows their commander to conduct random inspections of personal property at any unannounced time. There are limitations, of course. If you live off-post in private housing, your commander has no legal authority to inspect it. They can only go through your stuff if you live in government-owned housing.
- dragonwriter 5y ago> Everyone who ever joins the military That's not a waiver, that's a space warrantless searches are reasonable under the fourth amendment and Congress’ Art. I, Sec. 8 powers with regard to the military, etc. Otherwise, when we had conscription, conscripts, who do not freely consent, would have been immune.