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First off, it is my understanding that some states do not allow this. They do in my state though

I'm referring to when you are just driving down the road not doing anything wrong and suddenly you have to mandatorily stop for a license check. If you stop and turn around then they chase you and charge you with something about trying to avoid the stop.

1st, isn't there something in the constitution about freedom of passage? And wouldn't this apply?

2nd, does this not remind you of Nazi Germany where ppl could be stopped and asked to show their 'papers'?

3rd) Since they must have a reason to pull you over when you are driving, how can they do this?

Now before some of u jump and say well it stops criminals. I do not agree with giving up my civil liberties.

2006-06-29 05:29:56 · 5 answers · asked by Answers R Me 3 in Politics & Government Law & Ethics

5 answers

One other guy was close when he said that the supreme court gave some certain rights to this. But the problem is some states took that too far.

I read over some of the answers and either ppl didn't understand your question or their states don't do what you are referring to. Mine does so I get it.

Bottom line: they should NOT have this right. I agree with you completely on the right of passage being interfered with.

2006-06-29 19:50:49 · answer #1 · answered by BeachBum 7 · 6 1

Police can pull people over where there is a reasonable suspicion of criminal violation (including traffic laws) or as part of an established roadblock or check procedure.

However, the checks cannot be random. If the police do not have at least reasonable suspicion or probable cause for an individual vehicle, then they must be at least following some objective criteria.For example, it's legal to stop every third car. Or every truck. Or every car driving in the left lane. But the selection process has to be objective, and not at the sole discretion of the police.

The Constitution does not explicitly grant a right to travel, though the Supreme Court has interpreted this as one of the fundamental rights under the Privileges and Immunities clauses and under the Due Process clauses.

The Supreme Court has also said that people do not automatically have an absolute expectation of privacy in their vehicles, both because they are movable in public and because cars are subject to heavy regulation already.

So, yes, the police must have some valid reason for the stop. But the reason doesn't always have to be specific to that vehicle.

2006-06-29 12:35:16 · answer #2 · answered by coragryph 7 · 0 0

I agree. In MA this is done under the guise of a sobriety check point, but really it's all the same.

2006-06-29 12:32:41 · answer #3 · answered by Anonymous · 0 0

you should ask why he pulled you over,, and if there is no violation then report him,, i do and file a complaint in his record book

2006-06-29 12:34:46 · answer #4 · answered by scottfamilytribe 3 · 0 0

No, they only have the "right" if you GIVE it to them.

2006-06-29 18:05:09 · answer #5 · answered by nomoregames47 2 · 0 0

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