Are Roadblocks Constitutional?

Discussion in 'Law and Justice System' started by bobbcat, Jan 29, 2010.

  1. bobbcat
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    bobbcat Unabashedly me.

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    Our little two-horse town is allegedly going to be conducting a comprehensive roadblock campaign this upcoming weekend, stopping everybody who is unfortunate enough to be at the wrong place at the wrong time to be assessed for alcohol levels. They must be really hard up for money. Natch, I had plans to attend someone's BD party, replete with live band and, of course, 'potent' libations.

    This whole thing strikes me as a blatant disregard for the 4th amendment. Your thoughts?
     
  2. L.K.Eder
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    L.K.Eder unbannable non-troll

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    don't let them evil government agents stop you when you drive home from your party drunk. switch off the lights and put the pedal to the metal. you will make it through the roadblocks, probably. live free or die.
     
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  3. lawbuff
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    lawbuff Member

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    If you are refering to DUI checkpoints, yes they are federally constitutional, Michigan Department of State Police, v. Sitz, and I see no reason states would not uphold them, however, if I remember correctly from doing research some time ago, one state I read has them as violative of thier own constitution.
     
    Last edited: Jan 29, 2010
  4. uscitizen
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    uscitizen Senior Member

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    No moreso than the cops blocking roads and such during a big sporting event.
     
  5. P F Tinmore
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    P F Tinmore Platinum Member

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    I say they are unconstitutional. I don't care what the clowns in the robes say.
     
  6. uscitizen
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    uscitizen Senior Member

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    Is cops stopping you and letting out traffic from a megachurch constitutional?
     
  7. uscitizen
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    uscitizen Senior Member

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    Is cops preventing you from carrying guns on a plane constitutional?
     
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  8. uscitizen
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    uscitizen Senior Member

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    Is making it illegal to yell fire in a theatre unconstitutional?
     
  9. HUGGY
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    HUGGY I Post Because I Care Supporting Member

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    Being asked to deture around an obstical such as a sporting event is light years from being stopped en masse without probable cause and forced to be tested for substances. Anyone that believes that this is constitutional is an enemy of our countries foundational instruments. This is not the former soviet union sport. If you concede that this is a police state then perhaps it is high time to start nourishing our failing freedom with the blood of tyrants.
     
  10. lawbuff
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    lawbuff Member

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    Once stopped, the intrusion MUST be minimal. If detained further without at least a reasonable suspicion they are DUI, or some other articulable reason, then the detention turns into an UNreasonable seizure under the 4th.

    Once stopped it is evident facially in most cases if the person is supected of DUI, then a further detention is warranted. If all is kosher, they can not detain any longer.

    On another note, drug interdiction checkpoints are Unconstituional, however, in some states, including mine, Driver's License checkpoints are. The SC even ruled it does not trigger 4th AM scrutiny if vehicles are stopped in a given neighborhood where a major felony occurred to ask motorists if they saw or heard anything at the time of commission.
     
    Last edited: Jan 29, 2010

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