Wednesday, June 30, 2010

A question on the PWPA from a reader

- If the regulation under the Public Works Protection Act only designates what are already public works inside the security fence, how is (that part of) it doing anything at all?

No, a regulation redesignated as public works places already public works would do nothing

- Is a sidewalk a public work?

No

- Can police demand ID and search without warrant on a highway?

No -- except if you are a driver of a vehicle -- then the police can ask for license, ownership and insurance

- Are downtown streets highways?

Generally not although some might be -- but legally that makes no difference to search powers

1 comment:

Anonymous said...

James -

S.1 of the PWPA defines "highways" as being "public works." Keeping in mind that this is a pre-Charter law, I think it pemits people to be searched there.