Quote:
Originally Posted by DesertRat
There is no fourth amendment violation here. At any point and time, you can surrender your CDL and no longer be subjected to this requirement. As long as you hold that CDL you have given "implied consent" to search actions by law enforcement. That is a condition of your CDL, something that you have consented to in return for the privilage of holding a CDL. See that's where it all changes, the concept of privilage. You have no right to a CDL (or drivers license for that matter.) You have been granted the privilage of holding one. As such, the Government can require what it deems appropriate, without fear of violating the Constitution.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
STOP PUTTING THE GOVERMENT ABOVE YOURSELF. Just because we sumit to these laws doesn't make them right. At no point do you surrender your rights as a citizen, you sumit because you MUST, that doesn't make it right, the commerce clause does not say you give up individual rights it says the goverment sets the rules the STATES must live by. If the driver of the car wasen't correrced into peeing in the bottle can you not see unequal treatment under the law.
the specific test this thread referred to is not a random test it is a test requiring a driver to prove himself innocent of a crime that cannot be shown to have occurred. It is the responcibility of the goverment to prove him guilty, it is not lawful to make the driver prove his innocense.