Legal Question in Civil Rights Law in New York
In the New York City subway system, there are sometimes police stationed at the entrance who randomly inspect bags (a practice which was deemed constitutional in MacWade v. Kelly). My question is whether they only have the right to arrest someone for possessing materials such as guns or explosives (because the purpose of the search is counterterrorism). What happens if they find some other illegal item (such as drugs)? How does this fit in with the 4th amendment and the various cases dealing with the exclusionary rule?
1 Answer from Attorneys
If you are a law student or an attorney then I would suggest that you re-ready Terry v. Ohio and its progeny. If you are neither of the mentioned, then I must tell you that being caught with an illegal substance or object while in the process of submission to legal search by law enforcement is not subject to the exclusionary rule just as discovering such objects in "plain sight."
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