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Posted: 5/23/2002 3:18:03 PM EDT
[#1]
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]. |
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Posted: 5/23/2002 3:22:30 PM EDT
[#2]
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 |
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Posted: 5/23/2002 3:28:48 PM EDT
[#3]
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. |
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Posted: 5/23/2002 6:00:22 PM EDT
[#4]
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.
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Posted: 5/23/2002 6:09:43 PM EDT
[#5]
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. |
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Posted: 5/23/2002 6:27:33 PM EDT
[#6]
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. |
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Posted: 5/23/2002 6:58:03 PM EDT
[#7]
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.
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Posted: 5/23/2002 7:07:04 PM EDT
[#8]
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.
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Posted: 5/23/2002 7:31:59 PM EDT
[#9]
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. |
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Posted: 5/23/2002 7:37:01 PM EDT
[#10]
Quoted: 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. From what I have researched personally I think OLY has hit it right. Unfortunately the reasons he lists though are back doors for the main purpose of checking for drivers licenses, insurance, and seatbelts. "Your honor, I was stopped at a check point for the sole purpose of checking to see if I had my seatbelt on." "No your honor, we had a check point set up for DUI's. Checking for seatbelts was just a observation at the time." Of course, there is no way you can get them to admit it, but in my opinion that's the purpose of them. |
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Posted: 5/23/2002 7:39:51 PM EDT
[#11]
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. |
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Posted: 5/23/2002 8:12:48 PM EDT
[#12]
Quoted: 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. 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. |
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Posted: 5/23/2002 10:18:20 PM EDT
[#13]
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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