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  • 2017-08-28 (xsd:date)
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  • Did Congress 'Quietly' Pass a Bill Allowing Warrantless Searches of Homes? (en)
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  • On 24 August 2017, TheFreeThoughtProject.com, which mostly posts stories geared towards stoking fear that the government is on the verge of becoming an authoritarian police state, posted a story with an alarming headline: Congress Quietly Passed a Bill Allowing Warrantless Searches of Homes — Only 1% Opposed It. The web site reports: The legislation in question is House Joint Resolution 76, which authorizes Washington, D.C., Maryland, and Virginia to form an intergovernmental transit commission, the Washington Metrorail Safety Commission, or MSC. The bill passed overwhelmingly — unanimously in the Senate — and was signed into law by President Donald Trump on 22 August 2017. Only five Republicans, including Rep. Justin Amash (R-Michigan), voted no. Amash took issue with language in the bill he believed was unconstitutional, in that it could be interpreted to mean that Metro officials could search private property without obtaining a warrant first, in violation of the Fourth Amendment. The portion he expressed concern about reads: When asked for further comment, Amash's spokeswoman directed us an exchange he had on Twitter with George Washington University criminal law professor Orin Kerr, who posted a similar story in ZeroHedge.com (another conspiratorial web site) interpreting it as inaccurate. In the exchange, Amash argued the bill is poorly-drafted and authorizes a violation of the Fourth Amendment, which ensures the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures: We followed up with Kerr, who told us the government can't simply pass a law that subverts the Constitution. In an e-mail, he told us: We sought a second opinion from James Moore, professor and director of the Transportation Engineering Program at the University of Southern California's Viterbi School of Engineering. Moore agreed with Kerr in saying a potential constitutional violation by the transit agency wouldn't stand up in court, but the language that seems to allow it is overly broad, which he said was probably unintentional. Both experts agreed the language in the legislation is overly-broad. Moore, who pointed out he is not an attorney or a licensed engineer but a researcher who studies urban transit systems, told us: According to the Washington Post's reporting, the legislation that created the tri-state safety commission has traveled a rocky path, and still has ways to go before it goes from being a signed piece of legislation to a real-world agency. Further, moving the legislation forward was becoming dire because the federal government started withholding funds in February, due to the ongoing failure to create the safety commission: Although the language in the legislation is vague and has caused some concern that it could violate the Constitution, the experts we consulted said that simply drafting legislation doesn't negate the Constitution -- although how it will be potentially interpreted by the courts if such a case comes up is currently unknown. Amash did express displeasure publicly with the way the bill was drafted, and concern that it could lead to violations of the Fourth Amendment. But despite what fear-mongering web sites report, the transit bill's signing doesn't mean authorities throughout the country can now enter private homes or other property without a search warrant. (en)
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