I feel your pain. I was driving my truck from Pa into NY after hunting in Pa several yrs ago. As I came into NY state, they had a check point set up. With Maryland plates, they asked to see my license & registration. When they asked me where I was coming from and where I was going, I politely told the officer that it was none of his business. They told me to pull off the road, and they conferred with each other. Then they asked if I had anything illegal in my possession, any firearms, any drugs, etc. I told them I had my shotgun behind the seat, so they made me exit the vehicle, and they pulled it out, ran the serial number, (I guess) and basically detained me for about 20-30 minutes. Then they gave the gun back, and told me why they were asking the questions. Since I had Md plates, they thought I might be living in NY and not changing my residence, ie not paying NY state taxes. None of the above, but I never did answer where I was going or coming from.

 

Hopefully this won't come out to much as splitting hairs here...but it really is. Legal would mean that they are out there doing this under the pretext of being legally able to. Obviously they are...although I have yet to actually see a "motorcycle checkpoint" in Georgia...at least yet.

That said...and to your point is the act legal when reviewed under the eyes of the Constitutional Law. Don't know...probably not...and as you pointed out it won't be "illegal" until it is ruled on by the courts. In the meantime...the checkpoints are "legal" according to existing law.

Again, as you pointed out...it isn't cheap to do so. So...maybe if enough people get upset enough they go "class action" where everybody contributes. Unfortunately that is seemingly about the only way you can get it done since the concept of "common sense" vacated the requirement to be a lawmaker decades ago.

To illustrate what I am saying about "legal", the city of Chicago, prior to DC vs. Heller, had a law that it was illegal for any city resident to own a handgun inside the city limits of Chicago. Piggy backing on that, many of the smaller burbs around Chicago immediately adopted the same law. When DC vs. Heller was ruled on in favor of the plantiff, most of the burbs around Chicago immediately rescinded the laws, and handgun ownership became legal. Chicago chose to (go figure) maintain flying it's "you can't have a gun" flag, and later lost in a court of appeals. So the "legal law" in Chicago was declared uncontitutional...but it was pricey.

My point is something is "legal" when the lawmakers (remember, those with no common sense whatsoever) have enacted a law that cites it as so. When the law is contested, it is up to the justice system (who by way, thanks to our current administration are joining the lawmakers in the lack of common sense) to decide whether or not the law is constitutional or cannot be enforced as being unconstitutional. You can have stacks of legal citings...but if the law is on the books, it can be enforced until someone attacks the issue via the courts.

 

Wow! I'm against the checkpoints, but if the anti-checkpoint people here get any dumber I may have to change sides just to keep better company.

 

Don't see it as splitting hairs. Your post is right on the money. Lots of attorneys making big money interpreting constitutional law. Right you are, once its on the books its enforceable. Constitutionally legal or not is another question.

Bones

 

Bro the US border checkpoints do that to me including unpacking my bike & gear everytime I cross on one and I'm born & breed American 6+ generations with no police record . Don't feel like the lone ranger , only time you won't get hassled on the US border is if your Mexican . Then you get a free medical check up , a couple meals and a nice air conditioned bus ride .

 

No. No I am not. What I am is sick and tired of the increasing "criminalization" of U.S. Citizens achieved through the creation of laws designed to circumvent the original intent of the Constitution for the purpose of increasing revenue by making criminals out of otherwise law abiding citizens under the guise of "health and safety".
There isn't any revenue generated by chasing murderers, robbers, rapists and thieves. That's hard work right there, I imagine. It's much easier to just sit there and wait for the dupes and cite them for some technicality, then the courts collect the fines, and your job is secure. Repeat every month.

 

Now you know as well as the rest telling the plain honest truth is not acceptable , go to the corner your on time out .

You've nailed it about as butt simple as it can get kudo's man . Only thing I'll differ on is at the street level these guys are just following orders and all the ones I know don't like it either but you do what you have to to keep a job anymore .

 

Wait! you are supposed to uphold all laws! Why did you not arrest your buddies? oh im sorry you leos get to pick and chose what laws you can and can not inforce.

My problem and all of you leos know this is true (but we know you will not admit it) These checkpoints are not for "safety" BUT for generating revenue! and that is all they are for and you damn well know it!

as for advocating voilence against leos, I would not start a fight against one myself unless provoked. HOWEVER, I would not step in to help one out who is getting the beat down he deserves.

 

Hey no worries Bones, truth is, I wish I'd thought of that myself!

Cheers my friend, ride safe

mavrick

 

Not that this will help, but the only folks getting any money from traffic tickets in Nebraska are the school districts.

For what it's worth, I actually tend to see the good in people, I have been accused of treating everyone like a criminal and nothing could be further from the truth. And given the opportunity, ANY cop would rather chase a murderer, robber or rapist...we live for that stuff!