Amnestic said:
It's pissing in a cup. If you refuse to do it, then that implies guilt and gives them probable cause. If you agree, you're giving your consent.
No. You're wrong, straight-up wrong. The Supreme Court (you know, the old guys, in the robes) has decided MULTIPLE TIMES that refusal to give consent to search is NOT IN ANY WAY, SHAPE, OR FORM probable cause to search.
It's that simple. You have the goddamn right to say no.
Super-Trooper pulls you over and says he wants to search, you can say no. (In fact, I encourage you to! Just because you can. Even if you have "nothing to hide" refuse anyway, it's a big time sink and just kinda embarrassing anyway.)
In general, police don't ask out of courtesy, if they're asking for permission to search, it's because they don't have probable cause, just say no, they're options are really, really limited (Threaten, or Dogs. The former can get them in trouble if you bother to file a complaint, the latter, well, there aren't an abundance of K9 units floating around, and one might not be available, either way, they'll have to sit there and wait)
This is different from taking a drug test to apply for a job, a hiring company is a PRIVATE CORPORATION. The government isn't using Truancy officers to FORCE you to get a job.
My School never pulled any shit like this back when I was in it, if they had, I would have fought it, all the way to the Supreme Court if necessary.
Not because I'm a "stoner", I've never so much as touched marijuana in my life.
Because they simply don't have the right to know, and the fact that they have the stones to demand it means they need their sacks kicked back in line. A crime may have been committed, but they
do not have the right to find out that way.
They're literally saying "We decide what you can and cannot do with your body" and that doesn't fly with me. At all. And, quite frankly, I'm disgusted by the number of people who accept this without question, or, worse still, wish it was implemented at the HS their child attends so they don't have to put forward effort as a parent to keep their children from being stupid.
Guess it goes to show that "Lawful Stupid" Is a IRL alignment.