is it a violation of our constitutional rights?

Question

would it be considered illegal search if the police pull you over for no reason and make you take a sobriety test? now, remeber i said "no reason". you werent swerving, or driving erradicaly ect... now, if that would be a violation, or illegal search. then wouldnt sobriety checks (stops) be illegal too? just because everyones rights are bieng violated does'nt make it right. I want you to understand i'm not condoning drunk driving. But just because something is wrong doent give the authorities the right to do whatever they want. consider airport security and their "random searches". I think people in this county are quick to give up rights and freedoms just to feel safe. anyway now im starting to veer of subject, the origanal question is what i would like to have answered, the little rant was just so you have a frame of refrence of where i am coming from. i'll leave the best answer up to a vote.

Answer 1

no

Answer 2

If the cop actually admitted that they had no reason for pulling you over? Then yes, it would violate your 4th amendment rights?

The pendelum swings both ways, though. There are so many reasons I disagree with the courts siding with criminals...throwing evidence out because some obscure protocol or what have you was not followed, so, the entire line of evidence is tossed. Poison fruit and the like.

At any rate, there is quite a bit of case law regarding traffic stops and officer's professional skills regarding pulling over someoone on what most would consider a whim. An officer could pull you over and request a sobriety test for just about anything, if they were so inclined. Even if it was a ... he looked tired... type of observation.

I personally think our criminal system is entirely too lenient. For example, if someone gets life and has no new evidence/witnesses within 5 years. Death row. If they'll never be free again, why bother keeping them alive?
(I think I've listened to too much George Carlin)

Answer 3

Yes but you know a cop can come up with any reason to say why he pulled you over to save his as*. I wish you said why you were pulled, what did the cop make as a excuse? And the real sad thing is most states let police decide what constitutes a reason to make you take a road or breath test, and if you refuse your license is taken away and you will be fined automaticaly and throw in jail right there and then. In our area now the have created a new noise law for exhausts that are to load or music turned to high, and they use this like they have just been told marshall law went into effect.

Answer 4

No police officer can MAKE you take a sobriety test- you can always just say no. Granted, they will take you to jail if you deny taking one; but if you are that concerned about your rights, stand up for what you believe. If you were not drinking, then of course, take the test, and they will let you go. But sobriety checks are not illegal, no matter if you were portraying drunken behavior or not. If a cop has the reason to suspect anything, than he can do what he thinks is best, within reason.

Answer 5

For absolutely no reason, yes, but only if the stop was discretionary.

If a random search program is properly implemented, and does not include racial or gender or other profiling, then it is valid. Same with sobriety checkpoints, as long as they follow objective standards. So, every third car, or every car with three or more people in it, or every blue car, or whatever. As long as the standards are objective, and not purely discretionary.

Because the standard for such stops and searches is reasonableness. And that can either be reasonable suspicion of some violation (even if that is merely a pretext), or a reasonable and objective (non-discretionary) deterrence program.

Answer 6

sobriety checks are not unconstitutional because it has been determined that a great public service is being done by random checks. but you do have the right to refuse a field sobriety test. if you feel strongly that you were pulled over wrongfully than you can refuse the sobriety test. you can choose to take the blood test instead. if that comes up negative then you have the right to sue for wrongful detainment or arrest, whatever the case may be.

Answer 7

Its pretty unusual for the police if all is right with a driver to pull him/her over and then out of the blue give a sobriety test-consider the paperwork involved for the policeman,the arrest and or charge wouldn't stand up in court, and a justification has to be given for giving the test-too off the wall and can't be compared to airport security for the airlines have the right to state what can't be taken on planes and or in handbagged(carry on) and has the right to do all it can to prevent. The airlines have the right to do all they can to prevent their planes from being blown up and their passengers.Remember they are legally liable were it shown they were lax and thereby allowed material(s) to come aboard their planes.

Answer 8

In order to pull you over in your vehicle, search your property or search your body they need either a warrant or probable cause or to see a crime being committed (not the same thing as probable cause). Probable cause is if a cop sees a known criminal run into your house the cane bust in and apprehend him and lets say they bring there dogs in with them and after the arrest the dog go crazy indicating that there were drugs there then that would be probable cause to search your house even tho you never have had anything to do with the guys who broke, just looking for a place to hide. So in order to pull you over they need to see something wrong like a tail light out, cracked windshield leaking fluids if they dint see anything wrong and they do pull you over then yes it is illegal. Now lets say your tail light is out and they do pull you over they still do not have probable cause to search your car they must see illegal activity in the car or a detect it by other means such as the use of police dogs. Now most cops have video cameras with audio these can be called on in court by either parties to help deside wether the police office had reason to pull you over, if it cant be provided and had or does exist then it looks poorly on the police officers part. Those who dont then it entirely your word virsus his and sorry to say nine out of ten times its the cops word they will take unless by chance you have a camera in your car rolling at that time.

Answer 9

enable us to assert, it runs opposite to the rights general in the form. The least of those being the analyzing of emails, the worst being held incommunicado without expenditures or due technique, which has no longer something to do with citizenship, criminal status, place of confinement, or the character of the crime. The shape only refers to electorate with regard to retaining public workplace, balloting, etc. another secure practices is granted to 'persons', no longer electorate.