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Checkpoints allowed by state list
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.
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."
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."
"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.
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.
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)
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)
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.
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.
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.
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?