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Posted: 5/23/2002 3:07:52 PM EDT
Went through A roadblock set up by a local small city police dept last night. They were very nice and asked for drivers license and checked the tag on the car, then I was on my way. My question is for what reason did they stop me? I thought they had to have a reason to do this.... Just wondering before I mouth off to them for violating my rights, if infact they are.

Link Posted: 5/23/2002 3:18:03 PM EDT
I think the Supremes addressed this last term.

It's legal,all right, as are DUI and immigrant checkpoints.

Rule of thumb (doesn't work in all situations)
If they are treating YOU the same as they are treating EVERYONE ELSE, they are allowed to do it.

OK to stop every car, every other car, etc, but NOT ok to stop every car driven by a [insert protected class].
Link Posted: 5/23/2002 3:22:30 PM EDT
They are here.
They are called drug checkpoints, sobriety checkpoints, and compliance checks.
They check you to make sure you are compliant. I haven't seen one in quite a while here, but I have heard people talk, and they are common place.
They made the comp checks legal here by stopping yearly state inspections of vehicals
Link Posted: 5/23/2002 3:28:48 PM EDT
Federal are legal if done for a federal purpose (ie...INS within 50 miles of boarder and so on)
State checks are legal under federal constitutional law. They may be legal under your state con and law.
Michigan was the state test case in the federal courts, the state won the right to do them and then outlawed them on the state level.
So in Michigan only the feds can do them and only for fed reasons.
Link Posted: 5/23/2002 6:00:22 PM EDT
I have nothing to hide and maybe they will nab some drugs or a DUI. But it still feels like an infringement when I am minding my own business and everything is 100% legal.
Link Posted: 5/23/2002 6:09:43 PM EDT
I believe roadblocks for DUI, seatbelt, license check or whatever are illegal in WI.

If the roadblock is down the street from the prison with an escaped prisoner, the roadblock is legal.

I participated in "roadblocks" on the perimeter of Fort Polk. Those are legal, because they are set up on a military reservation, base. The base commander has substainal powers in determining who can come on his base and under what circumstances.
Link Posted: 5/23/2002 6:27:33 PM EDT
It depends on state law.  The SCOTUS says they are legal as long as the officers have instructions to stop every third car or something similar.  They are not legal if the officers have instructions to stop all brown, black, etc. drivers, as Citadelgrad has already stated.

My state recently made them legal again, but my department rightly refuses to do them because we feel that stopping anyone without at least reasonable suspicion that this particular person has done something illegal is not right.  I disagree with SCOTUS that the inconvenience suffered by the drivers is outweighed by the social interest in preventing crime.  If you as an individual haven't done anything wrong, you shouldn't be required to 'show your papers', so to speak.
Link Posted: 5/23/2002 6:58:03 PM EDT
Legal or not, it's a BULLSHIT infringement, and anyone who says otherwise is full of shit.  'Nuff said.  Wanna get into it with me on seatbelt laws and all the other "mommy" laws we now have?  It's a cryin' damned shame, and yes, you asked me.
Link Posted: 5/23/2002 7:07:04 PM EDT
PH19...I could not have said it better.  It is a true sign of the end of this nation.  True Americans would not tolerate this "show me your papers stuff".  I guess most of us are just being boiled slowly..and really won't do much.
Link Posted: 5/23/2002 7:31:59 PM EDT
It happens in NYC as well.

I totally understand the way ph119 feels about this, it's time consuming and a pain in the ass.
Thanks to the recent terrorist activity, we now have checkpoints at the bridges coming into NYC. Have to check for explosives you know! Hey, if you don't like it, there's always mass transit.
Link Posted: 5/23/2002 7:37:01 PM EDT
Link Posted: 5/23/2002 7:39:51 PM EDT
Link Posted: 5/23/2002 8:12:48 PM EDT
Nah, far as I know they are okay as long as they stop every car, every third etc and stick to it.

There is a nearby speed trap county where the state cops constantly stop cars fishing for inspection stickers and seatbelts (gotta make that quota). They do it just around a blind bend in the road because it is in a rural area where it would be easy to take a side road and avoid them. So of course, people are hurtling along at 70+ when they come around the corner to find the road filled with stopped cars and cops wandering around-someone will eventually be squashed here.
View Quote

the indiana state police or indianapolis police department (can't remember which) were taken all the way to the supreme court (U.S.) on this.  it is legal to stop and check for license and registration. it is not legal, at least in Indiana, to stop a car and do a full search.  violation of the 4th.  of course, indiana blatantly said "who cares".  

of course, this is all cluttered in my brain cells.  hoosiers who have better memories on this, please correct as necessary.
Link Posted: 5/23/2002 10:18:20 PM EDT
Does "Vere is ya paypaz?" sound familiar.

This is the first step to implement national id cards as internal travel passports.

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