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Suspicionless checkpoints in America

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posted on Jun, 4 2008 @ 12:31 AM
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In reply to this thread (First time poster ever, long-time lurker, finally signed up a few weeks ago!) about the legality of checkpoints. Doing some simple digging on the legality of checkpoints I found the following information:




According to the US Supreme Court, it is unconstitutional for law enforcement to set up highway checkpoints to search for drugs, although the court has held that police agencies are within their rights to conduct such checks for highway safety purposes.


Source

I know you guys are talking about checkpoints that are there to see if they can catch any illegal immigrants but heres some other points on checkpoints in general:



2. They should have support from the judicial system (i.e. the district prosecutor)

3. There must be established procedures for how to properly operate a checkpoint.

9. Detection and investigation techniques must be well-planned and standardized. These must be performed by qualified law enforcement. Investigation must take place without impeding the flow of traffic.

10. The public should be aggressively informed of sobriety checkpoints with ample warning so they can avoid them completely.

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So basically checkpoints are legal if they are to the benefit of society (drunk driving/drugs). I'm not finding much about checkpoints near the borders but basically you would have to show your drivers license if you are operating the vehicle (I assume passengers would not need to).

I also found this which is scary since they can arrest you for not identifying who you are to begin with (also I assume passengers ARE included in this one).



Commonly known as 'stop and identify' statutes, these laws permit police to arrest criminal suspects who refuse to identify themselves.

Currently the following states have stop and identify laws: AL, AR, CO, DE, FL, GA, IL, KS, LA, MO, MT, NE, NH, NM, NV, NY, ND, RI, UT, VT, WI


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Being in CT I'm glad I don't have to tell them who I am... for now


Well I'm a tad too tired to research any further but I'm definitely interested in this subject now due to ATS and I hope to find more research in the coming days.

Cheers




posted on Jun, 4 2008 @ 08:55 PM
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reply to post by jackinthebox
 


it costs me 11 bucks to use less than 20 kilometers of the frickin' private highway. and, like you say, you have no idea what it costs until they send you the bill.

yes, virginia, there is a NWO.



posted on Jun, 5 2008 @ 02:09 PM
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I just researched this, a cop my ask your name but you dont have to give it to him, he must have probable cause to be asking you and they cannot arrest you for not complying, according to the supreme court.

In Berkemer v. McCarty, 468 U.S. 420 (1984), a
unanimous Court – relying upon Justice White’s concurring
opinion in Terry – expanded this principle to the Terry
context, holding that an individual stopped pursuant to
Terry is not “in custody” for purposes of Miranda v. Arizona,
384 U.S. 436 (1966), precisely because the individual
remains free to ignore or otherwise decline to respond to
an officer’s questions. As the Court explained:
[In a Terry stop] the officer may ask the detainee
a moderate number of questions to determine his
identity and try to obtain information confirming
or dispelling the officer’s suspicions. But the detainee
is not obliged to respond. And, unless the
detainee’s answers provide the officer with probable
cause to arrest him, he must be released.



posted on Jun, 5 2008 @ 02:26 PM
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reply to post by scarlett1125
 


No that's called being a good Amerikan.

A good American would tear down this curtain of fear and power.



posted on Jun, 5 2008 @ 03:03 PM
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here in lies the problem....the government will do whatever they can get away with because to them the U.S. Constitution is just a piece of paper!!!!! The problem with this is .. they refuse to recognize "The United States Constitution is the supreme law of the United States of America" according to this site

Here's a long version what what's going on Bill of Right

and.. i'll throw this in for good ..Measure



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