4th of July DUI Checkpoint - Drug Dogs, Searched Without Consent. Is This Legal?

The time is now when all law enforcement should uphold the Constitution and everyone's rights as opposed to what the State wants.
Years and years down this road that we are all on, the rules will be significantly changed. For now, it's a shame you have to fight for you rights in a country where thousands upon thousands DIED to protect them.
And to the person who started the quote "Guilty until proven guilty"......you are a sarcastic genius.

reply to post by caseman1967


So you think we should just drop all states law and go by federal?

Checkpoints allowed by state list

reply to post by roadgravel

Checkpoints allowed by state list

i think you need to read up on how the law works.

Amendment IV 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.

there is this beautiful amendment. ahh, but you say states have passed a law that takes away a person's rights and makes such things perfectly "legal". not today sonny jim!

Miranda v. Arizona, 384 U.S. 426, 491; 86 S. Ct. 1603 "Where rights secured by the Constitution are involved, there can be no 'rule making' or legislation which would abrogate them."

can't legislate away rights!

Sherar v. Cullen, 481 F. 2d 946 (1973) "There can be no sanction or penalty imposed upon one because of his exercise of constitutional rights."

a constitutional right, such as the 4th amendment (you can't search me), cannot be used to infer guilt.

"Undoubtedly the right of locomotion, the right to move from one place to another according to inclination, is an attribute of personal liberty, and the right, ordinarily, of free transit from or through the territory of any State is a right secured by the 14th amendment and by other provisions of the Constitution." Schactman v. Dulles, 96 App DC 287, 293.

the man in the video wasn't really allowed to move in public according to his inclination, was he? someone can be stopped, but only upon probable cause as the 4th amendment establishes.

*sigh* why do they not teach the differences between statutes and common law in school these days :/

reply to post by Bob Sholtz


I just posted a list of states that believe they can run these check points. I am not saying they are legal or not. Those states are known to run them. Don't shoot the messenger.

reply to post by roadgravel

I just posted a list of states that believe they can run these check points. I am not saying they are legal or not. Those states are known to run them. Don't shoot the messenger.

forgive me then, i mistook your post for something it wasn't.

reply to post by Bob Sholtz


Not a problem. I am on your side of this issue.

reply to post by nightstalker78


Well im so very glad you see it that way but as i mentioned in my
post this was the supreme court, they ruled on it, i did not say i
had a desire to drive under the influence of anything, what the
supreme court ruled was that drug check points, IE where they
stop you and search your car with no probable cause are flat
out illegal, if you got a problem with that ruling then hire a lawyer
and go argue it with them, its the only way to change it as they
seem to think it infringes on our rights, i actually do agree with
them with my whole heart though, i am not going to have my car searched
for no reason, its a waste of their time and mine, the age old if
your not guilty then you have nothing to hide excuse is one that
has been used to justify untold atrocities and i simply and
realistically cannot agree.

Has anybody looked at this thread before logging in? You'd be interested to know it contains several advertisements offering background checks, or arrest records for anyone, for a fee of course. Bravo to the staff for that well placed irony! Perhaps one could look up the kid in the videos arrest record. ( that was sarcasm, just in case)

Originally posted by lakenheath24
Has anybody looked at this thread before logging in? You'd be interested to know it contains several advertisements offering background checks, or arrest records for anyone, for a fee of course. Bravo to the staff for that well placed irony! Perhaps one could look up the kid in the videos arrest record. ( that was sarcasm, just in case)

Some people just have to see something where there is nothing...right?

Meta Tags...

Peace

reply to post by bloodreviara


Get back to me when you learn how to post.

Until then I refuse to read that mess you call a response.

This has been has been going on for years.... They use a secret command that makes the dog touch his paw on the car. They then search it using their "initiated probable cause". When they find nothing they won't give a you a name very easily. They are probably pushed by quotas or could be just an asshole with a badge. They give anybody a gun and a badge sometimes....

Originally posted by bloodreviara
reply to post by nightstalker78

 

Well im so very glad you see it that way but as i mentioned in my
post this was the supreme court, they ruled on it, i did not say i
had a desire to drive under the influence of anything, what the
supreme court ruled was that drug check points, IE where they
stop you and search your car with no probable cause are flat
out illegal, if you got a problem with that ruling then hire a lawyer
and go argue it with them, its the only way to change it as they
seem to think it infringes on our rights, i actually do agree with
them with my whole heart though, i am not going to have my car searched
for no reason, its a waste of their time and mine, the age old if
your not guilty then you have nothing to hide excuse is one that
has been used to justify untold atrocities and i simply and
realistically cannot agree.

edit on 7-7-2013 by bloodreviara because: (no reason given)

Call the Book of World Records...

This has to be the World's longest sentence.

reply to post by Bob Sholtz


I'm sorry but you are wrong. Both state and federal supreme courts have ruled that DUI checkpoints are legal if the state constitution allows it.

www.ghsa.org...

As you can clearly see on the right, most states who allow checkpoints have a been approved on the state and federal judicial level.

The federal supreme court upheld that driving is a privelage, not a right, and law enforcement can stop that privelage when they see fit.

Edit: So in summary, it is totally legal to stop anyone, even using a checkpoint in most states. Beyond that an officer must need probable cause.

I don't live in United States, but reading things like this on the Internet gives me the impression that America isn't quite the "Land of the Free" that the U.S. prides itself with being.

Am I right in thinking this way? Is America less free than - say - some European countries are?

Good thing they didn't have them around me for once. Didn't realize until Friday morning my inspection ran out in June. I'd rather not be beaten on the ground in front of my daughter because I forgot to go to the shop.

reply to post by jude11


Yes this should go viral. POST THIS TO YOUR FACEBOOK or where ever.
Email it to everybody in your address book.

He who sacrifices freedom for security deserves neither. People willing to trade
their freedom for temporary security deserve neither and will lose both.
Ben Franklin

MAYBE AMERICANS ARE TOO LAZY TO USE THEIR BRAINS & DO NOT DESERVE EITHER?

reply to post by raifordko

I'm sorry but you are wrong. Both state and federal supreme courts have ruled that DUI checkpoints are legal if the state constitution allows it.

i'm actually quite correct. do you know what the 14th amendment is about? probably not, judging from your response.

No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

in other words, a state's constitution cannot be used to create laws that would violate someone's rights, as those in this country are united state citizens who reside in a state, NOT state citizens.

Originally posted by Magnivea
Good thing they didn't have them around me for once. Didn't realize until Friday morning my inspection ran out in June. I'd rather not be beaten on the ground in front of my daughter because I forgot to go to the shop.

Yes I agree. Most (the majority) of cops are just functioning Control Freaks who would have been fired from any regular 8 to 5 Job because of their inability to professionally handle office conflict.

When you take away control from a Control Freak, all you have is a FREAK.

Originally posted by Lada2000
I don't live in United States, but reading things like this on the Internet gives me the impression that America isn't quite the "Land of the Free" that the U.S. prides itself with being.

Am I right in thinking this way? Is America less free than - say - some European countries are?

Yes you are correct in thinking this way.