These stops are basically road blocks in which several police cars are pulling over multiple vehicles and subjucting them to checking the proper functioning of all lights as well as checking the driver for warrants and other wrong-doings. How is this legal?
2006-08-24 16:09:55 · 17 answers · asked by Ak 1 in Politics & Government ➔ Law Enforcement & Police
If this doesn't involve racial profiling, it is legal, if annoying. Sometimes the police in our area will do this at times when there are likely to be a lot of drunk drivers. As long as the police do not inspect the inside of your car or trunk without your permission or without a warrant, there is nothing illegal going on.
2006-08-24 16:17:29 · answer #1 · answered by just♪wondering 7 · 1⤊ 0⤋
Despite everyone else's opinions on this, it may be legal and it has nothing to do with Bush. It may also be illegal, depending on how you interpret the Supreme Court's rulings in the past.
In general, the US Supreme Court has ruled that police may conduct a road block of motorists if it is done for the sake of safety and is done in accordance with state laws on how to do so.
In the case I cite below, Indianapolis lost because they were looking just for drugs, which is a crime problem but not a safety problem. The report does have references and links to other cases where the court has upheld the searchs, such as for DWI's. This would be safety related.
So, the two questions to be answered in your specific case are simple. First, is there an Iowa state law specifying the conditions for a road block of this type? I am not familiar with Iowa law (I live in Texas) so I cannot answer this. Second, is the objective primarily safety related or is it more of a general crime solving and prevention nature? Since they are performing rudimentary safety inspections of the vehicles, I think the court would say this is a safety related function similar to the mandatory stops of commercial vehicles for the same thing.
In short, I think they will probably be upheld, but it will take a court case to decide for sure.
2006-08-24 16:24:52 · answer #2 · answered by Steve R 3 · 1⤊ 0⤋
THe police have the right to stop vehicles without a warrant anytime they suspect something. Cars are able to move and leave an area. House searches require warrants because they are stable. It is hard to explain but way law is set up. DO you have something to hide from the police. Be glad they are out doing there jobs. Apparently they are looking for someone or trying to show a presence to deter some illegal activity. Just be patient. Be friendly to them and most of the time they will just let you keep going. I have my license ready when there is a road check.
2006-08-24 16:15:22 · answer #3 · answered by sharon s 1 · 1⤊ 1⤋
It is legal because it is there job to make sure that you are safe. It is not entrapment because you see where they are and they are not causing you to commit a crime. Just because you don't like it does not make it illegal. How do you know that the car in front of you isn't someone who is wanted for murder or rape? By Doing road blocks they are insuring that there are fewer criminals on the road by checking everyone that drives by that area. But if you really dont like the police and think that they harrass you or in someway violate your rights the next time something happens to you where you need them, dont pick up the phone and call.
2006-08-24 17:17:24 · answer #4 · answered by Amber 4 · 0⤊ 0⤋
Because driving in any state is a privilege not a right. Remember the little paper you signed....that is the same reason if you refuse a alcohol breath test your license is immediately revoked... setting up a road block for any reason is good enough to check for whatever they are checking... registrations, seatbelts, drinking, and avoiding a road block is probable cause to be pulled over.... basically at a road block your privilege is being checked...
2006-08-24 16:49:36 · answer #5 · answered by okchico 3 · 0⤊ 0⤋
Yes they are perfectly legal.
It is usually called an administrative check point, I imagine they would get defeated often in court, where it not for the huge % of DUI, drug arrests, warrants, and other crimes intercepted by these stops.
Usually average Joe Citizen is only stopped for a couple of minutes and sent on their way.
P.S. TammyC these stops were occuring long before Bush ever thought about being president.
2006-08-24 16:16:18 · answer #6 · answered by landerscott 4 · 2⤊ 0⤋
Iowa must have issues with the people living there..just kidding im a ex police officer. They do this every now and then for the safety of you and others around you. So don't take it personal unless your doing something you shouldn't be doing in the first place. In the mean time just smile and thank the officer for taking the time to do his low paying job well!
2006-08-24 16:15:17 · answer #7 · answered by poophead 2 · 1⤊ 1⤋
Any charges that came about because of such a search could be contested on the grounds that there were no probable causes to warrant the action.
2006-08-24 16:13:38 · answer #8 · answered by Rockvillerich 5 · 0⤊ 0⤋
Who cares.. They are the police and the duty of the police is to protect and serve. Is prevention better then cure? Yes it is, so why not catch the bad ppl when they are not expecting it. Do you have Random breath tests? Same deal... If you have nothing to hide then you shouldnt matter. Personally I think its good the police are actually doing something in the prevention of crime instead of cure!
2006-08-24 16:16:16 · answer #9 · answered by Jade H 3 · 0⤊ 2⤋
Perfectly legal as long as they do not search the inside of your car or trunk.
2006-08-24 16:16:05 · answer #10 · answered by Anonymous · 1⤊ 0⤋