Stop whining about "unconstitutional" DUI checkpoints

[dblack]

Every holiday the internet is full of these crybabies even though the DUI searches make more legal sense than the airport searches everyone accepts. The fourth amendment protects you from UNREASONABLE searches and DUI checkpoints seen reasonable to me. Most of these complainers are shills hired by the auto industry. The car makers love drunk drivers, Car crashes mean car sales

Somehow it just makes sense that a defense of fourth amendment violations is presented by 'ShootSpeeders'. You wanna stand up for any other police state policies while you're at it?

 

[Kevin_Kennedy]

HAHAHA. You are saying a cop ALWAYS needs a warrant to search someone? That is nonsense.

think

Maybe you should try thinking. Probable cause is also grounds for a search, but DUI checkpoints do not meet even that relatively flimsy criteria.

As the above quote shows, "probable cause" applies to issuing a warrant but no warrant is needed for a DUI search just like none is needed for an airport search or a search before you enter most govt buildings. THINK

Probable cause is grounds for a warrant, but it is also grounds for a search in and of itself without a warrant. That you cite other examples where it is unconstitutional for the government to search people, since they have no warrant and no probable cause, does not disprove the point. Telling people to think when you are unwilling to do so yourself is also bad form.

 

[Kevin_Kennedy]

If it was about public safety, we'd make DUI an automatic felony. That's what i'd love to see.

I think thats a little harsh,and it's hard for the prosecution to convict on something that might have happened.
.

What do you mean "might have happened".? If you're saying drunk driving by itself, without an accompanying crash, does not harm anyone, then so too for mere cocaine possession. But people caught with coke on their person are convicted of felonies every day. THINK

And they should not be, obviously.

 

[kwc57]

Every holiday the internet is full of these crybabies even though the DUI searches make more legal sense than the airport searches everyone accepts. The fourth amendment protects you from UNREASONABLE searches and DUI checkpoints seen reasonable to me. Most of these complainers are shills hired by the auto industry. The car makers love drunk drivers, Car crashes mean car sales

I bet you think we are winning the war on drugs too.

 

[ShootSpeeders]

Every holiday the internet is full of these crybabies even though the DUI searches make more legal sense than the airport searches everyone accepts. The fourth amendment protects you from UNREASONABLE searches and DUI checkpoints seen reasonable to me. Most of these complainers are shills hired by the auto industry. The car makers love drunk drivers, Car crashes mean car sales

I bet you think we are winning the war on drugs too.

The war on DUIs is part of the war on drugs and yes, i think we are winning that war. DUI is still a huge problem but not like it used to be. And a small thing like making DUI a felony would reduce drunk driving by 90% - at no cost.

 

[C_Clayton_Jones]

Every holiday the internet is full of these crybabies even though the DUI searches make more legal sense than the airport searches everyone accepts. The fourth amendment protects you from UNREASONABLE searches and DUI checkpoints seen reasonable to me. Most of these complainers are shills hired by the auto industry. The car makers love drunk drivers, Car crashes mean car sales

The Fourth Amendment then goes on to outline what a reasonable search would entail, your own opinion notwithstanding.

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

In other words, a warrant is required, and these checkpoints are, in fact, unconstitutional.

Incorrect.

Remember that the Constitution exists only in the context of its case law, and that includes the 4th Amendment.

In Michigan Dept. of State Police v. Sitz (1990), the Supreme Court ruled DUI checkpoints to be Constitutional – there was no 4th Amendment search and seizure violations as the state established a compelling governmental interest in addressing the problem of drunk driving and introduced equally compelling evidence in support of the policy.

Where a Fourth Amendment intrusion serves special governmental needs, beyond the normal need for law enforcement, it is necessary to balance the individual's privacy expectations against the Government's interests to determine whether it is impractical to require a warrant [p450] or some level of individualized suspicion in the particular context.

Michigan Dep't of State Police v. Sitz

The ruling was 6-3, with Stevens, Brennan, and Marshall dissenting.

 

[Kevin_Kennedy]

Every holiday the internet is full of these crybabies even though the DUI searches make more legal sense than the airport searches everyone accepts. The fourth amendment protects you from UNREASONABLE searches and DUI checkpoints seen reasonable to me. Most of these complainers are shills hired by the auto industry. The car makers love drunk drivers, Car crashes mean car sales

The Fourth Amendment then goes on to outline what a reasonable search would entail, your own opinion notwithstanding.

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

In other words, a warrant is required, and these checkpoints are, in fact, unconstitutional.

Incorrect.

Remember that the Constitution exists only in the context of its case law, and that includes the 4th Amendment.

In Michigan Dept. of State Police v. Sitz (1990), the Supreme Court ruled DUI checkpoints to be Constitutional – there was no 4th Amendment search and seizure violations as the state established a compelling governmental interest in addressing the problem of drunk driving and introduced equally compelling evidence in support of the policy.

Where a Fourth Amendment intrusion serves special governmental needs, beyond the normal need for law enforcement, it is necessary to balance the individual's privacy expectations against the Government's interests to determine whether it is impractical to require a warrant [p450] or some level of individualized suspicion in the particular context.

Michigan Dep't of State Police v. Sitz

The ruling was 6-3, with Stevens, Brennan, and Marshall dissenting.

And the Court can be wrong. Shocker.

 

[kwc57]

Every holiday the internet is full of these crybabies even though the DUI searches make more legal sense than the airport searches everyone accepts. The fourth amendment protects you from UNREASONABLE searches and DUI checkpoints seen reasonable to me. Most of these complainers are shills hired by the auto industry. The car makers love drunk drivers, Car crashes mean car sales

I bet you think we are winning the war on drugs too.

The war on DUIs is part of the war on drugs and yes, i think we are winning that war. DUI is still a huge problem but not like it used to be. And a small thing like making DUI a felony would reduce drunk driving by 90% - at no cost.

Do you feed your unicorn the new and improved Purina Unicorn Chow?

 

[ShootSpeeders]

[

Remember that the Constitution exists only in the context of its case law, and that includes the 4th Amendment.

.

Wrong. In bush v gore 2000, the court said case law no longer exists.

 

[Skull Pilot]

[

They are unreasonable as the cops are stopping you because you might be doing something illegal not because they have any probable cause.

Same can be said about the searches you undergo when you enter a federal bldg. THINK

And why would you think two wrongs make a right?

 

[member]

"Every holiday the internet is full of these crybabies even though the DUI searches make more legal sense than the airport searches everyone accepts. The fourth amendment protects you from UNREASONABLE searches and DUI checkpoints seen reasonable to me. Most of these complainers are shills hired by the auto industry. The car makers love drunk drivers, Car crashes mean car sales"

imagine driving in india...






Blech....









it's the 21st century. at least we have paved roads, street lights, illuminated signs, dividers/medians, the WALK/don't walk sign, (oh yeah, they changed that AGES ago to a hand symbol, since alot of people crossing the streets in certain places can't read english - so every single english sign was taken down)........painted lines to divide lanes and highways, traffic signs and traffic cops....and especially LAWS implemented for driving, instead of this disorganized lawlessness that is INDIA......but this is what happens (disorganized lawlessness) when you have backward, corrupted "PEOPLE" in charge of....a country's infrastructure -- and basically, a whole country.

​

 

[ShootSpeeders]

[

They are unreasonable as the cops are stopping you because you might be doing something illegal not because they have any probable cause.

Same can be said about the searches you undergo when you enter a federal bldg. THINK

And why would you think two wrongs make a right?

Why do you think a double standard is right.?

 

[ShootSpeeders]

[

it's the 21st century. at least we have paved roads, street lights, illuminated signs, dividers/medians, the WALK/don't walk sign, (oh yeah, they changed that AGES ago to a hand symbol, since alot of people crossing the streets in certain places can't read english - so every single english sign was taken down)........painted lines to divide lanes and highways, traffic signs and traffic cops....and especially LAWS implemented for driving, instead of this disorganized lawlessness that is INDIA......but this is what happens (disorganized lawlessness) when you have backward, corrupted "PEOPLE" in charge of....a country's infrastructure -- and basically, a whole country.

From what i've read highway driving is a mess everywhere outside of USA, candy, yurp and Oz. One more reason we must only allow immigration from white countries.

 

[Noomi]

[

it's the 21st century. at least we have paved roads, street lights, illuminated signs, dividers/medians, the WALK/don't walk sign, (oh yeah, they changed that AGES ago to a hand symbol, since alot of people crossing the streets in certain places can't read english - so every single english sign was taken down)........painted lines to divide lanes and highways, traffic signs and traffic cops....and especially LAWS implemented for driving, instead of this disorganized lawlessness that is INDIA......but this is what happens (disorganized lawlessness) when you have backward, corrupted "PEOPLE" in charge of....a country's infrastructure -- and basically, a whole country.

From what i've read highway driving is a mess everywhere outside of USA, candy, yurp and Oz. One more reason we must only allow immigration from white countries.

You racist piece of shit.

 

[PratchettFan]

Every holiday the internet is full of these crybabies even though the DUI searches make more legal sense than the airport searches everyone accepts. The fourth amendment protects you from UNREASONABLE searches and DUI checkpoints seen reasonable to me. Most of these complainers are shills hired by the auto industry. The car makers love drunk drivers, Car crashes mean car sales

Well, I doubt they are hired shills but I agree with you on the rest of it. DUI stops are not searches.

 

[dblack]

Every holiday the internet is full of these crybabies even though the DUI searches make more legal sense than the airport searches everyone accepts. The fourth amendment protects you from UNREASONABLE searches and DUI checkpoints seen reasonable to me. Most of these complainers are shills hired by the auto industry. The car makers love drunk drivers, Car crashes mean car sales

Well, I doubt they are hired shills but I agree with you on the rest of it. DUI stops are not searches.

Really? Stopping people and investigating the contents of their stomachs doesn't constitute a 'search' in your book? Makes me wonder what does...

 

[ShootSpeeders]

Well, I doubt they are hired shills but I agree with you on the rest of it. DUI stops are not searches.

Really? Stopping people and investigating the contents of their stomachs doesn't constitute a 'search' in your book? Makes me wonder what does...

HAHAHA. No one is searching your stomach, you loonybird. And no one wants to hear about your "right" to drive drunk. You libertarians are such loons.

 

[Mad Scientist]

Every holiday the internet is full of these crybabies even though the DUI searches make more legal sense than the airport searches everyone accepts. The fourth amendment protects you from UNREASONABLE searches and DUI checkpoints seen reasonable to me. Most of these complainers are shills hired by the auto industry. The car makers love drunk drivers, Car crashes mean car sales

Well, I doubt they are hired shills but I agree with you on the rest of it. DUI stops are not searches.

That's right, when they do it to everybody it's Constitutional and makes us safer!

Equal Protection under the Law right?

 

[dblack]

Well, I doubt they are hired shills but I agree with you on the rest of it. DUI stops are not searches.

Really? Stopping people and investigating the contents of their stomachs doesn't constitute a 'search' in your book? Makes me wonder what does...

HAHAHA. No one is searching your stomach, you loonybird. And no one wants to hear about your "right" to drive drunk. You libertarians are such loons.

The fourth amendment was added specifically to prevent this kind of arbitrary, blanket detention from government. You people supporting road block searches are sellouts and every bit as clueless as the nimrods signing the petition to abolish the Bill of Rights.

 

[Skull Pilot]

Every holiday the internet is full of these crybabies even though the DUI searches make more legal sense than the airport searches everyone accepts. The fourth amendment protects you from UNREASONABLE searches and DUI checkpoints seen reasonable to me. Most of these complainers are shills hired by the auto industry. The car makers love drunk drivers, Car crashes mean car sales

Well, I doubt they are hired shills but I agree with you on the rest of it. DUI stops are not searches.

That's right, when they do it to everybody it's Constitutional and makes us safer!

Equal Protection under the Law right?

So you're just fine with stopping and frisking everyone or pulling over every car to have a drug dog sniff around the outside as long as it's done to everyone?

Cops need a reason to stop and detain you. If I am not doing anything to warrant being stopped then there is no reason to stop and detain me.