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Agreed, it would violate the fourth amendment. At the time it was written, though, there was no non-invasive way to search someone's effects. The purpose at the
by jamesaguilar 13y ago
Agreed, it would violate the fourth amendment. At the time it was written, though, there was no non-invasive way to search someone's effects. The purpose at the time was to prevent searches as a means of harassment, and they did not guess that there would someday be a mechanism by which you could search without imposing. In any case, there is also a component of the probability of misuse (at least, in the way I judge these sorts of things).
Your example of the first amendment is less compelling. The mere requirement to convey your identity is an imposition.