Checkpoints!
Seasoned HDF Member
Joined: Feb 2007
Posts: 10,602
Likes: 721
From: Bellevue, NE
Checkpoints have been deemed legal by the courts time and time again. Warrantless searches, absent probable cause or consent, are most certainly not legal. A lot of you seem to be confusing the two.
Last edited by stro1965; Feb 20, 2011 at 09:30 AM.
Road Master
Joined: Oct 2009
Posts: 1,159
Likes: 0
From: NC
Most are being funded by our tax dollars by the NHTSA through grants even though Congress sent them a letter telling them to suspend the grants till they could prove to Congress that it was viable and worthy.
IMO if you are checking one group you should check all.
Outstanding HDF Member
Joined: Apr 2010
Posts: 3,373
Likes: 4
Wow, I always thought the girls on daughters' softball team did a lot of whining. By far and large this topic and the replies have out done them 10 fold.
Boo-hoo, it's against the constitution. It's nice to see so many lawyers are part of our forum and can enlighten us with legal savvy on the judicial system.
The following are US Supreme Court decision:
Driver's License Checkpoints
The Fourth Amendment's reasonableness standard prohibits officers from randomly stopping vehicles to check driver's licenses and registration.5 In Delaware v. Prouse, a patrolman stopped a vehicle without reasonable suspicion to check the driver's license and registration. He seized marijuana in plain view. Addressing the stop's constitutionality, the Court noted that the public interest in ensuing that motorists are licensed and cars are registered justified the checkpoint's slight intrusion on motorists. In Prouse, however, the officer had unbridled discretion regarding which cars to stop, making the checkpoint unconstitutional. By contrast, license checkpoints conducted in a systematic, predesignated manner are constitutional.
Sobriety Checkpoints
Sobriety checkpoint stops without individualized suspicion are constitutional. Considering a checkpoint program to detect drunk drivers, the Court noted that each stop lasted approximately 25 seconds. Officers directed any driver who showed signs of insobriety to the side and administered field tests; intoxicated drivers were arrested. The Court held that the magnitude of the government's interest in eradicating the increasing problem of drunken driving outweighed the slight intrusion the stop imposed on all motorists.
Get over yourself and go have fun riding. JMHO. If I pizzed anyone off.... Opps.
Boo-hoo, it's against the constitution. It's nice to see so many lawyers are part of our forum and can enlighten us with legal savvy on the judicial system.
The following are US Supreme Court decision:
Driver's License Checkpoints
The Fourth Amendment's reasonableness standard prohibits officers from randomly stopping vehicles to check driver's licenses and registration.5 In Delaware v. Prouse, a patrolman stopped a vehicle without reasonable suspicion to check the driver's license and registration. He seized marijuana in plain view. Addressing the stop's constitutionality, the Court noted that the public interest in ensuing that motorists are licensed and cars are registered justified the checkpoint's slight intrusion on motorists. In Prouse, however, the officer had unbridled discretion regarding which cars to stop, making the checkpoint unconstitutional. By contrast, license checkpoints conducted in a systematic, predesignated manner are constitutional.
Sobriety Checkpoints
Sobriety checkpoint stops without individualized suspicion are constitutional. Considering a checkpoint program to detect drunk drivers, the Court noted that each stop lasted approximately 25 seconds. Officers directed any driver who showed signs of insobriety to the side and administered field tests; intoxicated drivers were arrested. The Court held that the magnitude of the government's interest in eradicating the increasing problem of drunken driving outweighed the slight intrusion the stop imposed on all motorists.
Get over yourself and go have fun riding. JMHO. If I pizzed anyone off.... Opps.
Road Master
Joined: May 2009
Posts: 1,161
Likes: 296
From: TEXAS
I Agree
That's Profiling!
Road Captain
Joined: Sep 2010
Posts: 559
Likes: 0
From: Sherman, TX
Papers Please!
Detaining me so that you feel safe is not what these checkpoints are about they are about finding a reason to give me a ticket. The police are there to generate revenue for the cities and states, and to clean up the mess after things go wrong. I can honestly say that never in my entire life has a cop helped me in any way that I am aware of. Hell just yesterday I had a patrol car bust a u turn directly in front of me prompting a panic stop, public safety my ***.
Detaining me so that you feel safe is not what these checkpoints are about they are about finding a reason to give me a ticket. The police are there to generate revenue for the cities and states, and to clean up the mess after things go wrong. I can honestly say that never in my entire life has a cop helped me in any way that I am aware of. Hell just yesterday I had a patrol car bust a u turn directly in front of me prompting a panic stop, public safety my ***.
Road Captain
Joined: Dec 2010
Posts: 601
Likes: 0
From: Florida
**** Germany used to have checkpoints, also what about probable cause. The people should not fear the government, the government should fear the people, somewhere something has gone wrong, just my 2 cents
Outstanding HDF Member
Joined: May 2009
Posts: 2,671
Likes: 1
From: Virginia
Avatior said "you know, it really ticks me off to think people actually beileve it's 1984 and the government is out to screw over you."
They aren't??? Most career politicians are corrupt. Power corrupts. It's that simple. This is why I believe that all political offices should have a two term limit. Just to remind the politicians who they work for, and limit the possible corruption. If a two term limit works for the office of the president, it should be just as good for all legislators.
Rant over.
They aren't??? Most career politicians are corrupt. Power corrupts. It's that simple. This is why I believe that all political offices should have a two term limit. Just to remind the politicians who they work for, and limit the possible corruption. If a two term limit works for the office of the president, it should be just as good for all legislators.
Rant over.
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Road Warrior
Joined: Aug 2006
Posts: 1,779
Likes: 71
Wow, I always thought the girls on daughters' softball team did a lot of whining. By far and large this topic and the replies have out done them 10 fold.
Boo-hoo, it's against the constitution. It's nice to see so many lawyers are part of our forum and can enlighten us with legal savvy on the judicial system.
The following are US Supreme Court decision:
Driver's License Checkpoints
The Fourth Amendment's reasonableness standard prohibits officers from randomly stopping vehicles to check driver's licenses and registration.5 In Delaware v. Prouse, a patrolman stopped a vehicle without reasonable suspicion to check the driver's license and registration. He seized marijuana in plain view. Addressing the stop's constitutionality, the Court noted that the public interest in ensuing that motorists are licensed and cars are registered justified the checkpoint's slight intrusion on motorists. In Prouse, however, the officer had unbridled discretion regarding which cars to stop, making the checkpoint unconstitutional. By contrast, license checkpoints conducted in a systematic, predesignated manner are constitutional.
Sobriety Checkpoints
Sobriety checkpoint stops without individualized suspicion are constitutional. Considering a checkpoint program to detect drunk drivers, the Court noted that each stop lasted approximately 25 seconds. Officers directed any driver who showed signs of insobriety to the side and administered field tests; intoxicated drivers were arrested. The Court held that the magnitude of the government's interest in eradicating the increasing problem of drunken driving outweighed the slight intrusion the stop imposed on all motorists.
Get over yourself and go have fun riding. JMHO. If I pizzed anyone off.... Opps.
Boo-hoo, it's against the constitution. It's nice to see so many lawyers are part of our forum and can enlighten us with legal savvy on the judicial system.
The following are US Supreme Court decision:
Driver's License Checkpoints
The Fourth Amendment's reasonableness standard prohibits officers from randomly stopping vehicles to check driver's licenses and registration.5 In Delaware v. Prouse, a patrolman stopped a vehicle without reasonable suspicion to check the driver's license and registration. He seized marijuana in plain view. Addressing the stop's constitutionality, the Court noted that the public interest in ensuing that motorists are licensed and cars are registered justified the checkpoint's slight intrusion on motorists. In Prouse, however, the officer had unbridled discretion regarding which cars to stop, making the checkpoint unconstitutional. By contrast, license checkpoints conducted in a systematic, predesignated manner are constitutional.
Sobriety Checkpoints
Sobriety checkpoint stops without individualized suspicion are constitutional. Considering a checkpoint program to detect drunk drivers, the Court noted that each stop lasted approximately 25 seconds. Officers directed any driver who showed signs of insobriety to the side and administered field tests; intoxicated drivers were arrested. The Court held that the magnitude of the government's interest in eradicating the increasing problem of drunken driving outweighed the slight intrusion the stop imposed on all motorists.
Get over yourself and go have fun riding. JMHO. If I pizzed anyone off.... Opps.
Tourer
Joined: Aug 2010
Posts: 409
Likes: 0
From: Tucson,Arizona
Being a retired LEO, I guess I am a little partial to this. I find no reason (man is this going to open a can of worms) to not stop cars, bikes, trucks, anything that could transport illegal drugs, DWI or anything in between. If you have nothing to hide, be decent to the LEO, he/she is just doing what they are paid to do and go on your way. I found as a rule 99.9% of the people were really good about the check point. It may have saved their lives or the lives of their loved ones. FWIW this is MY point of view. Do not expect any one to agree and have no issues with any not agreeing.