Asked in Gov & Administrative Law for Texas

Q: Why would the government be allowed to require an ID to enter a public building, would it not be a 4th amendment issue

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2 Lawyer Answers
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: No it is not a 4th Amendment issue. The language of the 4th Amendment does not address entry into public buildings at all. It simply reads “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

It is perfectly reasonable to require an ID to enter a building--any building--public or private to confirm the identity of the person making entry. This is no different than requiring the driver of a motor vehicle on a public road to show a drivers' license or a voter at a polling location to produce an ID and voter's registration card.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: No, it is not a Fourth Amendment matter, which involves search and seizure. It's based on public safety and related reasons. Good luck

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