Mandatory curfew ...is it Constitutional?

[whitehall]

It seems that the Mayor of Baltimore and/or the Governor has established a mandatory curfew of citizens within a certain geographical area in Maryland. I'm a strong advocate of law enforcement but it seems to me that a mandatory curfew violates about half a dozen Constitutional Amendments. I understand the issues at hand but would find it extremely troubling if helicopters circled my neighborhood with powerful searchlights looking for individuals who escaped imprisonment in their own homes during certain hours.

 

[Rotagilla]

It seems that the Mayor of Baltimore and/or the Governor has established a mandatory curfew of citizens within a certain geographical area in Maryland. I'm a strong advocate of law enforcement but it seems to me that a mandatory curfew violates about half a dozen Constitutional Amendments. I understand the issues at hand but would find it extremely troubling if helicopters circled my neighborhood with powerful searchlights looking for individuals who escaped imprisonment in their own homes during certain hours.

specifically which "half a dozen constitutional amendments" are being violated?
You might have uncovered something that no lawyer in the entire history of this country knows...keep at it..

 

[pismoe]

I don't know about the Constitutional issues but simply being told that a peaceful adult can't be out and about seems incorrect to me !!

 

[Missourian]

It seems that the Mayor of Baltimore and/or the Governor has established a mandatory curfew of citizens within a certain geographical area in Maryland. I'm a strong advocate of law enforcement but it seems to me that a mandatory curfew violates about half a dozen Constitutional Amendments. I understand the issues at hand but would find it extremely troubling if helicopters circled my neighborhood with powerful searchlights looking for individuals who escaped imprisonment in their own homes during certain hours.

specifically which "half a dozen constitutional amendments" are being violated?
You might have uncovered something that no lawyer in the entire history of this country knows...keep at it..

The right to freely assemble comes to mind.

 

[Rotagilla]

I don't know about the Constitutional issues but simply being told that a peaceful adult can't be out and about seems incorrect to me !!

riots and negro violence seem "incorrect" to me. I guess we're different...
curfews during disasters and civil unrest are legal...believe that...

 

[Rotagilla]

It seems that the Mayor of Baltimore and/or the Governor has established a mandatory curfew of citizens within a certain geographical area in Maryland. I'm a strong advocate of law enforcement but it seems to me that a mandatory curfew violates about half a dozen Constitutional Amendments. I understand the issues at hand but would find it extremely troubling if helicopters circled my neighborhood with powerful searchlights looking for individuals who escaped imprisonment in their own homes during certain hours.

specifically which "half a dozen constitutional amendments" are being violated?
You might have uncovered something that no lawyer in the entire history of this country knows...keep at it..

The right to freely assemble comes to mind.

Well, go sue the federal government and explain it all to them...good luck.
curfews in disasters and civil unrest are legal..get over it..

 

[regent]

Check the state's police powers.

 

[Missourian]

It seems that the Mayor of Baltimore and/or the Governor has established a mandatory curfew of citizens within a certain geographical area in Maryland. I'm a strong advocate of law enforcement but it seems to me that a mandatory curfew violates about half a dozen Constitutional Amendments. I understand the issues at hand but would find it extremely troubling if helicopters circled my neighborhood with powerful searchlights looking for individuals who escaped imprisonment in their own homes during certain hours.

specifically which "half a dozen constitutional amendments" are being violated?
You might have uncovered something that no lawyer in the entire history of this country knows...keep at it..

The right to freely assemble comes to mind.

Well, go sue the federal government and explain it all to them...good luck.
curfews in disasters and civil unrest are legal..get over it..

Because the government says it's legal?

That is how we lose our freedoms.

 

[aris2chat]

It seems that the Mayor of Baltimore and/or the Governor has established a mandatory curfew of citizens within a certain geographical area in Maryland. I'm a strong advocate of law enforcement but it seems to me that a mandatory curfew violates about half a dozen Constitutional Amendments. I understand the issues at hand but would find it extremely troubling if helicopters circled my neighborhood with powerful searchlights looking for individuals who escaped imprisonment in their own homes during certain hours.

specifically which "half a dozen constitutional amendments" are being violated?
You might have uncovered something that no lawyer in the entire history of this country knows...keep at it..

The right to freely assemble comes to mind.

Well, go sue the federal government and explain it all to them...good luck.
curfews in disasters and civil unrest are legal..get over it..

Because the government says it's legal?

That is how we lose our freedoms.

What are Curfew Laws - FindLaw

they are legal and there will be arrests

 

[Rotagilla]

It seems that the Mayor of Baltimore and/or the Governor has established a mandatory curfew of citizens within a certain geographical area in Maryland. I'm a strong advocate of law enforcement but it seems to me that a mandatory curfew violates about half a dozen Constitutional Amendments. I understand the issues at hand but would find it extremely troubling if helicopters circled my neighborhood with powerful searchlights looking for individuals who escaped imprisonment in their own homes during certain hours.

specifically which "half a dozen constitutional amendments" are being violated?
You might have uncovered something that no lawyer in the entire history of this country knows...keep at it..

The right to freely assemble comes to mind.

Well, go sue the federal government and explain it all to them...good luck.
curfews in disasters and civil unrest are legal..get over it..

Because the government says it's legal?

That is how we lose our freedoms.

LMAO...you're funny..curfews are legal...get over it...go look up the legal definition...and then go sue the government...you guys are ridiculous....

 

[ScienceRocks]

It seems that the Mayor of Baltimore and/or the Governor has established a mandatory curfew of citizens within a certain geographical area in Maryland. I'm a strong advocate of law enforcement but it seems to me that a mandatory curfew violates about half a dozen Constitutional Amendments. I understand the issues at hand but would find it extremely troubling if helicopters circled my neighborhood with powerful searchlights looking for individuals who escaped imprisonment in their own homes during certain hours.

specifically which "half a dozen constitutional amendments" are being violated?
You might have uncovered something that no lawyer in the entire history of this country knows...keep at it..

The right to freely assemble comes to mind.

Well, go sue the federal government and explain it all to them...good luck.
curfews in disasters and civil unrest are legal..get over it..

Because the government says it's legal?

That is how we lose our freedoms.

LMAO...you're funny..curfews are legal...get over it...go look up the legal definition...and then go sue the government...you guys are ridiculous....

Yep, loserterians don't think government should do anything. They believe the goddamn thugs should burn this country to the ground and that everything is every man for themselves.

 

[Missourian]

LMAO...you're funny..curfews are legal...get over it...go look up the legal definition...and then go sue the government...you guys are ridiculous....

Show me the Supreme Court ruling on the constitutionally of government curfew.

Just because you like it, or even believe it is a good idea doesn't make it constitutional.

 

[whitehall]

It seems that the Mayor of Baltimore and/or the Governor has established a mandatory curfew of citizens within a certain geographical area in Maryland. I'm a strong advocate of law enforcement but it seems to me that a mandatory curfew violates about half a dozen Constitutional Amendments. I understand the issues at hand but would find it extremely troubling if helicopters circled my neighborhood with powerful searchlights looking for individuals who escaped imprisonment in their own homes during certain hours.

specifically which "half a dozen constitutional amendments" are being violated?
You might have uncovered something that no lawyer in the entire history of this country knows...keep at it..

OK, how about the 1st Amendment issues of speech and free assembly. the 4th concerning unreasonable search and seizure. the 5th concerning self incrimination and right to private property.

 

[Rotagilla]

It seems that the Mayor of Baltimore and/or the Governor has established a mandatory curfew of citizens within a certain geographical area in Maryland. I'm a strong advocate of law enforcement but it seems to me that a mandatory curfew violates about half a dozen Constitutional Amendments. I understand the issues at hand but would find it extremely troubling if helicopters circled my neighborhood with powerful searchlights looking for individuals who escaped imprisonment in their own homes during certain hours.

specifically which "half a dozen constitutional amendments" are being violated?
You might have uncovered something that no lawyer in the entire history of this country knows...keep at it..

OK, how about the 1st Amendment issues of speech and free assembly. the 4th concerning unreasonable search and seizure. the 5th concerning self incrimination and right to private property.

curfew is legal...get over it, matlock...

 

[whitehall]

It seems that the Mayor of Baltimore and/or the Governor has established a mandatory curfew of citizens within a certain geographical area in Maryland. I'm a strong advocate of law enforcement but it seems to me that a mandatory curfew violates about half a dozen Constitutional Amendments. I understand the issues at hand but would find it extremely troubling if helicopters circled my neighborhood with powerful searchlights looking for individuals who escaped imprisonment in their own homes during certain hours.

specifically which "half a dozen constitutional amendments" are being violated?
You might have uncovered something that no lawyer in the entire history of this country knows...keep at it..

The right to freely assemble comes to mind.

Well, go sue the federal government and explain it all to them...good luck.
curfews in disasters and civil unrest are legal..get over it..

Umm, how are they legal?

 

[Rotagilla]

LMAO...you're funny..curfews are legal...get over it...go look up the legal definition...and then go sue the government...you guys are ridiculous....

Show me the Supreme Court ruling on the constitutionally of government curfew.

Just because you like it, or even believe it is a good idea doesn't make it constitutional.

ok...show me the ruling that says it isn't..until then they're legal...sue the government if you don't like it.

 

[whitehall]

Here's the deal for you progs and libertarian pot heads. I cited the 1st, the 4th and the 5th Amendment that says the government doesn't have the right to incarcerate you in your own home. You say naa, naa , they have the right because they have the right. Does this make an argument in your minds?

 

[protectionist]

LMAO...you're funny..curfews are legal...get over it...go look up the legal definition...and then go sue the government...you guys are ridiculous....

Show me the Supreme Court ruling on the constitutionally of government curfew.

Just because you like it, or even believe it is a good idea doesn't make it constitutional.

There doesn't have to be a SCOTUS ruling on something for it to be constitutional/legal. Last time I checked the SCOTUS hasn't ruled on gum chewing. It's legal.

 

[Rotagilla]

It seems that the Mayor of Baltimore and/or the Governor has established a mandatory curfew of citizens within a certain geographical area in Maryland. I'm a strong advocate of law enforcement but it seems to me that a mandatory curfew violates about half a dozen Constitutional Amendments. I understand the issues at hand but would find it extremely troubling if helicopters circled my neighborhood with powerful searchlights looking for individuals who escaped imprisonment in their own homes during certain hours.

specifically which "half a dozen constitutional amendments" are being violated?
You might have uncovered something that no lawyer in the entire history of this country knows...keep at it..

The right to freely assemble comes to mind.

Well, go sue the federal government and explain it all to them...good luck.
curfews in disasters and civil unrest are legal..get over it..

Umm, how are they legal?

It seems that the Mayor of Baltimore and/or the Governor has established a mandatory curfew of citizens within a certain geographical area in Maryland. I'm a strong advocate of law enforcement but it seems to me that a mandatory curfew violates about half a dozen Constitutional Amendments. I understand the issues at hand but would find it extremely troubling if helicopters circled my neighborhood with powerful searchlights looking for individuals who escaped imprisonment in their own homes during certain hours.

specifically which "half a dozen constitutional amendments" are being violated?
You might have uncovered something that no lawyer in the entire history of this country knows...keep at it..

The right to freely assemble comes to mind.

Well, go sue the federal government and explain it all to them...good luck.
curfews in disasters and civil unrest are legal..get over it..

Umm, how are they legal?

Curfews directed at adults touch upon fundamental constitutional rights and thus are subject to strict judicial scrutiny. The U. S. Supreme Court has ruled that "[t]he right to walk the streets, or to meet publicly with one's friends for a noble purpose or for no purpose at all—and to do so whenever one pleases—is an integral component of life in a free and ordered society." Papachristou v. City of Jacksonville, 405 US 156, 164, 31 L. Ed. 2d 110, 92 S. Ct 839 (1972).

To satisfy strict-scrutiny analysis, a government-imposed curfew on adults must be supported by a compelling state interest that is narrowly tailored to serve the curfew's objective. Court's are loath to find that an interest advanced by the government is compelling. The more justifications that courts find to uphold a curfew on adults, the more watered-down becomes the fundamental right to travel and to associate with others in public places at all times of the day.

The U.S. Supreme Court has ruled that this right may be legitimately curtailed when a community has been ravaged by flood, fire, or disease, or when its safety and Welfare are otherwise threatened. Zemel v. Rusk, 381 U.S. 1, 85 S. Ct. 1271, 14 L. Ed. 2d 179 (1965). The California Court of Appeals cited this ruling in a case that reviewed an order issued by the city of Long Beach, California, which declared a state of emergency and imposed curfews on all adults (and minors) within the city's confines after widespread civil disorder broke out following the Rodney G. King beating trial, in which four white Los Angeles police officers were acquitted of using excessive force in subduing an African-American motorist following a high-speed traffic chase. In re Juan C., 28 Cal. App. 4th 1093, 33 Cal. Rptr. 2d 919 (Cal. App. 1994).

"Rioting, looting and burning," the California court wrote, "pose a similar threat to the safety and welfare of a community, and provide a compelling reason to impose a curfew." "The right to travel is a hollow promise when members of the community face the possibility of being beaten or shot by an unruly mob if they attempt to exercise this right," the court continued, and "[t]emporary restrictions on the right… are a reasonable means of reclaiming order from anarchy so that all might exercise their constitutional rights freely and safely."

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.


any more questions, matlock?

 

[Rotagilla]

Here's the deal for you progs and libertarian pot heads. I cited the 1st, the 4th and the 5th Amendment that says the government doesn't have the right to incarcerate you in your own home. You say naa, naa , they have the right because they have the right. Does this make an argument in your minds?

Curfews directed at adults touch upon fundamental constitutional rights and thus are subject to strict judicial scrutiny. The U. S. Supreme Court has ruled that "[t]he right to walk the streets, or to meet publicly with one's friends for a noble purpose or for no purpose at all—and to do so whenever one pleases—is an integral component of life in a free and ordered society." Papachristou v. City of Jacksonville, 405 US 156, 164, 31 L. Ed. 2d 110, 92 S. Ct 839 (1972).

To satisfy strict-scrutiny analysis, a government-imposed curfew on adults must be supported by a compelling state interest that is narrowly tailored to serve the curfew's objective. Court's are loath to find that an interest advanced by the government is compelling. The more justifications that courts find to uphold a curfew on adults, the more watered-down becomes the fundamental right to travel and to associate with others in public places at all times of the day.

The U.S. Supreme Court has ruled that this right may be legitimately curtailed when a community has been ravaged by flood, fire, or disease, or when its safety and Welfare are otherwise threatened. Zemel v. Rusk, 381 U.S. 1, 85 S. Ct. 1271, 14 L. Ed. 2d 179 (1965). The California Court of Appeals cited this ruling in a case that reviewed an order issued by the city of Long Beach, California, which declared a state of emergency and imposed curfews on all adults (and minors) within the city's confines after widespread civil disorder broke out following the Rodney G. King beating trial, in which four white Los Angeles police officers were acquitted of using excessive force in subduing an African-American motorist following a high-speed traffic chase. In re Juan C., 28 Cal. App. 4th 1093, 33 Cal. Rptr. 2d 919 (Cal. App. 1994).

"Rioting, looting and burning," the California court wrote, "pose a similar threat to the safety and welfare of a community, and provide a compelling reason to impose a curfew." "The right to travel is a hollow promise when members of the community face the possibility of being beaten or shot by an unruly mob if they attempt to exercise this right," the court continued, and "[t]emporary restrictions on the right… are a reasonable means of reclaiming order from anarchy so that all might exercise their constitutional rights freely and safely."

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.