T to check packages, bags at random

[Howard M. Wasserman]

Challenging the practice in stadiums would have to overcome the additional
wrinkle as to state action.  Many stadiums/arenas are privately owned and
the ones that are publicly owned are operated pursuant to a lease agreement
by a private entity (the team) using its own private security team.  One
would have to find enough joint action or entwinement between the private
team and the government that owns the stadium to even make a 4th Amendment
argument possible.


----- Original Message ----- 
From: "Douglas Laycock" <DLaycock at mail.law.utexas.edu>
To: "conlawprof" <conlawprof at lists.ucla.edu>
Sent: Wednesday, June 09, 2004 2:20 PM
Subject: Re: T to check packages, bags at random


>          A lot of stadiums do it now; I don't know that there has been any
> challenge.
>
>
> At 11:16 AM 6/9/2004 -0700, Volokh, Eugene wrote:
> >         I'm not sure what the right answer is, but I take it that the
> >government would defend this by analogy to (1) airport screening, and
> >(2) drunk driving checkpoints.  The analogy is naturally not perfect,
> >but it seems to me that the possible injuries caused by bombs in crowded
> >train stations or on trains would rival the possible injuries caused by
> >bombs in airplanes (setting aside the extraordinary injuries caused by
> >the 9/11 attacks, and focusing on the standard airplane bombing dangers
> >that have long justified airport screening).  Or am I missing something
> >here?
> >
> >         Eugene
> >
> >
> >Marc Stern wrote:
> >
> >DOES ANY ONE THINK THIS SORT  OF SUSPICION-LESS INSPECTION OF BAGS
> >(OTHER THAN BY DOGS)ARE CONSTITUTIONAL,EVEN IF THEY ARE TRULY RANDOM-SAY
> >EVERY 50TH RIDER.
> >_______________________________________________
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>
>
> Douglas Laycock
> University of Texas Law School
> 727 E. Dean Keeton St.
> Austin, TX  78705
>          512-232-1341 (voice)
>          512-471-6988 (fax)
>          dlaycock at mail.law.utexas.edu
>
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