Should police sobriety checkpoints be legal?

Question

So.. Im driving home from a long night at the clubs and the cops stop every single car for a sobriety checkpoint.. at least in california they pretend they are stopping you for a drivers license checkpoint.. in the state Im in now they make no bones about it .. straight out .. sobriety checkpoint... they had like 25 cars on tow trucks and another 15 people walking the line.. should this even be legal.. Im all for catching the drunk drivers if they are out of control.. but to me this seems to much like a police state.. and don't give me the you have a license and its a privledge excuse... If so then it should be the registry police (not the state police) pulling me over for a license check... even that goes against the constitution... what do you think?

not to mention if you see the traffic backed up and bang a u turn you get away..

so for all you that are for it.. you'd be all for the cops pulling you over randomly and searching you for say drugs? I guess we dont need the right against unreasonable searches huh? heck lets do away with miranda rights too.. after all if you have nothing to hide... what happened to "your right to use the roadways shall not be infringed?" where does that say its a privledge and you need a license?

Im suprised how many of you are for this.. and seat belt laws.. don't even get me started on that one.. so much for land of the FREE

all Im saying is.. give the police and inch...

Answer 1

I despise drunk drivers, and I'm glad they get caught whenever possible... but, like you, I wonder if checkpoints are legal. It sounds kind of like illegal search, doesn't it?

Guess, on this issue, I'm a hypocrite.

Answer 2

1

Answer 3

Yes the courts have ruled that the police can conduct drivers license and DWI checkpoints. The courts decisions are based on the need to promote safety on the roads. The courts believe that the safety factors outweigh the minor inconvenience to the public.

Read:
Delaware v. Prouse
Michigan Dept. of State Police v. Sitz
State v. Tarlton (NC)
and other court cases.

This one has been ruled on time and time again.

Checkpoints have absolutely nothing to do with "normal traffic stops." Like I said read Delaware v. Prouse. The court specifically says that the police can not randomly pull you over to check your license, however, under certain guide lines a checkpoint can be conducted. You are arguing a non-issue.

Answer 4

To answer, if there is a LEGAL way to avoid the checkpoint, you are allowed to do so and the police cannot pull you over. Going the wrong way down a one-way street gave the police enough of a reason to pull you over. However, if it was legal from where you were driving to make that right turn on that parallel street, then the police cannot pull you over. You may be able to turn around if there are no signs posted stating u-turns at that location are illegal or if there are double yellow lines on the road.

Answer 5

There are several flaws with your reasoning. It doesn't violate the Constitution because they aren't unreasonable searches and seizures.
Unreasonable searches and seizures only apply when there is a reasonable expectation of privacy. One doesn't have a reasonable expectation of privacy on a public road. Having researched this topic for my thesis I can tell you that there are myriads of court cases to support this position.

Secondly, if you don't want to hear the driving is a privilege, that indicates to me that you really aren't open to a real answer to your post. That to me tells me you just want someone to agree with you that DUI checkpoints shouldn't be legal. Besides you forfeited your right when you signed for your drivers license, it's called implied consent.

Lastly, most states announce that they are going to have sobriety checkpoints out, if you drink and drive knowing that, it just means you're an idiot if you get caught. Part of the reason that these checkpoints are announced is to give people the opportunities to find alternative methods to driving while having a night on the town.

Answer 6

I've never personally experienced one, but it does sound like it qualifies as a blanket search to me, which is prohibited by the Constitution...

But if you look on the other side, how many lives have been potentially saved by them? And isn't someone's life worth a few minutes of your time?

In the end it's a matter of whether safety or time is valued higher. But don't you feel better knowing that you're more likely to make it home alive in exchange for a little time and inconvenience?

Answer 7

Need more. If you drink, don't drive period. Whats there not to understand? you all drinkers know its the law, ain't no secret. So why buck the sytem then cry when you all get busted. Most of you can't drive sober, then being drunk to. Good Lord time for a lot of ya to put the bottle down anyway. Can't handle the drink at all. Gettin' that liquid courage then doing all kinds of dumb ****. Reason why a alot of people locked up being drunk & high then committing crimes.

Answer 8

They are legal ... that is it is legal for police to have road blocks to stop every car to make sure you wearing your seat belt or something.

Or are you asking if it should be legal to have check points where the police are stopped and the police checked for sobriety. I think that happens when they report for work.

I was in the state of New York several years ago.
I came to a police road block.
All carrs were to pull to side of road.
Police orricer comes down row of cars

"You can go"
"You stay"
"You stay"
"You can go"

I was one that got to go.
What was that all about?

Well they had a speed trap.
They were ticketing everyone who was in excess of the speed limit.

Hey there's a lot of dangerous people on the highways.
How are the police to do their job of making the highways safer?

Or do you think the constitution guarantees us life liberty and demolition derby?

Answer 9

I'm all for sobriety checks. I don't see a problem with it. You accept them when you accept the license. If you don't like it, walk.

Answer 10

I'm all for those checks. I actually wish they had more of them on a regular basis.As long as criminals -drunk drivers- keep disregarding the law, what else do you suggest we do ?