4 ms·
I think the difference is those lean more to the consensual side, meaning you are choosing to do those things, like driving. You give up a lot of rights when yo
by Clubber 4y ago
I think the difference is those lean more to the consensual side, meaning you are choosing to do those things, like driving. You give up a lot of rights when you drive. It could be argued that those things are required to live in modern times, but I digress. I thinking of nonconsensual searches and the 4th amendment.
- tptacek 4y agoThere's nothing in the Constitution about "consensual" and "nonconsensual" searches, but border crossings at the time of the founders were subject to warrantless searches.
- btilly 4y agoThey are only consensual in that, "If you don't want to be searched, you don't get to do the thing that you wanted to do." But no, the criterion really is reasonableness, and not consent. If you're arrested, your person WILL be searched. They WILL NOT need a warrant. And nobody will care whether or not you consented to this. Because it is reasonable to search a prisoner for weapons, lockpicks, and other ways that the prisoner might try to contest imprisonment.