They stop random cars at a checkpoint and check for anything illegal...contraband, license, insurance, drunk driving. It is basically a fishing trip for the police. Does our constitution ban this type of search?
2006-10-01 04:24:04 · 9 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Glad I wasn't smuggling any jews out of this semi-nazi state...
2006-10-01 04:25:04 · update #1
Driving on a public roadway is not a right , it is a privilege . Read your driver's license manual..when you requested the privilege of traveling on public roadways by getting a license you agreed to obey traffic rules,maintain registration , inspection , insurance , submit to sobriety tests , etc...and as long as it is not done in arbitrary and capricious manner (meaning stopping only say whites or jews,etc), checkpoints are permitted. If you do not wish to participate you can simply not use public roadways.
2006-10-01 04:39:00 · answer #1 · answered by baalberith11704 4 · 3⤊ 1⤋
Not a lawyer, nor do I play one on TV... but:
In California the DUI Check points are advertised, and when you pull up, the officers do a visual screen... looking for weaving, illegal U-turns... a quick check of the face... then direct those who exhibit signs of intoxication (probable cause) for further screening...
Now IF you get sent for further screening, the officer does a QUICK check of your eyes and breath... that says ALOT. The cop can smell the alcohol... and weed if you've been puffing... THEN they will also note anything in clear site. California requires you have your license & insurance to exercise your PRIVILEDGE to drive...
The key comes down to probable cause. The Fourth Amendment states:
"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."
TRAVEL is your right (Article Four)... driving a CAR is not.
2006-10-01 04:49:19 · answer #2 · answered by mariner31 7 · 3⤊ 0⤋
You will at some point in your life time lose someone to a drunk driver, at that point, you will be thanking police officers for road blocks. If their had been a few road blocks on nights some of my friends lives were taken they would be here today !!! If you aren't doing anything wrong, you don't need to worry anyway. If you are doing something wrong, then you need to go to jail PERIOD ! So, stop whining and live legal. It's more fun. I wish that road blocks were up every day of the week. Do you understand how many lives would be saved a year? Do you care? If not ~ YOU SUCK !
2006-10-01 04:47:05 · answer #3 · answered by Pretty Girl 3 · 1⤊ 2⤋
Many states consider sobriety checkpoints constitutionally valid, while others do not.
When a sobriety checkpoint is approved, courts generally find that it was conducted for the purpose of verifying compliance with DUI laws, and are thus a valid exercise of police power.
2006-10-01 04:34:10 · answer #4 · answered by Anonymous · 3⤊ 0⤋
Search and seizure laws at DUI check points are the same as under any other circumstances
2006-10-02 03:19:25 · answer #5 · answered by Barry DaLive 5 · 0⤊ 1⤋
Well for one thing, they arent searching, unless they have probable cause. They simply ask the driver if they have been drinking. If the driver says no, and the officer feels certain they have not been drinking, they drive on. While they are talking to the driver they do a visual scan of the inside of the car, which does not constitute a search. If they see something in the car, in plain view, the plain view clause gives them a legal right to search the car.
2006-10-01 04:35:07 · answer #6 · answered by tmills883 5 · 1⤊ 2⤋
Why would a DWI checkpoint be BAD?
Unless you're 1.drinking or 2. doing somethig else you shouldn't be.
Be glad they are out there - probably saving lives by taking drunks off the road.
2006-10-01 04:46:30 · answer #7 · answered by Anonymous · 2⤊ 2⤋
If they can get one drunk off the road, they may be able to save a whole families life that could have possibly been killed by this same drunk.
2006-10-01 04:31:12 · answer #8 · answered by Anonymous · 2⤊ 2⤋
Doesn't seem like a problem to me. I wish they'd do it more.
2006-10-01 04:32:14 · answer #9 · answered by madjer21755 5 · 2⤊ 2⤋