Drivers License Checkpoint!!!!

[lawbuff]

So... Jill and others.... Law Enforcement can't stop you just to look at your drivers license?

HAHAHa

DL "checkpoints" are permissable under Delaware v. Prouse. "Random" stops, as articulated in Prouse, are UNconstitutional.

My state has permitted them for about 6 years now.

Do you know if that means that every car in a checkpoint must be checked and not random ones... or does that mean that random traffice stops are illegal?

I would guess the latter.

If you read Prouse, you will see what I mean by random, just pulling over a motorist to check, no checkpoint.

Unless state or local court decisions dictate otherwise, EVERY car can be checked that enters.

Here is my state SC's decision.

http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2001/2001-ohio-50.pdf

 

[Dr Gregg]

That's not profiling though, they stop everybody. Kind of like seatbelt, DUI, and registration checkpoints.

 

[lawbuff]

what is your opinion... would the Arizona law stand with the US Supreme Court?

Probably, it is possible it may be overturned due to be being OVERBROAD in construction(??), otherwise the "reasonable suspicion" standard to detain is already ingrained in law in other areas, such as Terry v. Ohio.

 

[bodecea]

So... Jill and others.... Law Enforcement can't stop you just to look at your drivers license?

HAHAHa


The Kansas City Police Department’s Traffic Investigation Unit will have a driver license checkpoint next week.

Police said the checkpoint will be held May 6. They didn’t release a time or location for the checkpoint, except to say it will be held at where there are occurrences of people driving while their licenses have been revoked or suspended and where there are drunken driving-related crashes or arrests.



Read more: KC police to hold driver license checkpoint - KansasCity.com

Nobody ever said they can't stop the drivers...but will they be asking the passengers for ID also?

 

[lawbuff]

Nobody ever said they can't stop the drivers...but will they be asking the passengers for ID also?

ALL occupants of a motor vehicle stop are detained, see Brendlin, US SC.

They can challenge any constitutional stop just as a driver. So to answer the Q, the police can ask, yes, but to compel production is another matter, as unless they are under investigation, they do not have to legally show it. The driver, sure, as he is driving.

 

[jillian]

So... Jill and others.... Law Enforcement can't stop you just to look at your drivers license?

HAHAHa


The Kansas City Police Department’s Traffic Investigation Unit will have a driver license checkpoint next week.

Police said the checkpoint will be held May 6. They didn’t release a time or location for the checkpoint, except to say it will be held at where there are occurrences of people driving while their licenses have been revoked or suspended and where there are drunken driving-related crashes or arrests.



Read more: KC police to hold driver license checkpoint - KansasCity.com

who ever said there couldn't be lawful traffic stops?

don't misrepresent what i say.... especially in the area of law. mmmmkay?

it makes you look silly. just so we understand each other.

 

[WillowTree]

how's come they don't check EVERYONE at the airport? they just pull out little old white ladies, next time they duz it I"m gonna scream racism.

 

[jillian]

how's come they don't check EVERYONE at the airport? they just pull out little old white ladies, next time they duz it I"m gonna scream racism.

that's an outright lie. wanna discuss TSA Screening procedures with me, willow honey?

if you keep getting pulled out for special screening, it's probably because you're harassing the TSO's.

 

[hboats]

Nobody ever said they can't stop the drivers...but will they be asking the passengers for ID also?

ALL occupants of a motor vehicle stop are detained, see Brendlin, US SC.

They can challenge any constitutional stop just as a driver. So to answer the Q, the police can ask, yes, but to compel production is another matter, as unless they are under investigation, they do not have to legally show it. The driver, sure, as he is driving.

But, if they decline to show it, they can still be detained until proof of identity is given. Just because they turn down the request by the officer to show ID does not mean that the interaction is over. If the officer wants to he can detain someone who refuses to show identification until their identity is confirmed. It doesn't just include the driver.

Rick

 

[lawbuff]

Nobody ever said they can't stop the drivers...but will they be asking the passengers for ID also?

ALL occupants of a motor vehicle stop are detained, see Brendlin, US SC.

They can challenge any constitutional stop just as a driver. So to answer the Q, the police can ask, yes, but to compel production is another matter, as unless they are under investigation, they do not have to legally show it. The driver, sure, as he is driving.

But, if they decline to show it, they can still be detained until proof of identity is given. Just because they turn down the request by the officer to show ID does not mean that the interaction is over. If the officer wants to he can detain someone who refuses to show identification until their identity is confirmed. It doesn't just include the driver.

Rick

Under what Constitutional authority can the officer continue to detain a passenger who does not have to legally show his ID?

 

[Defiant1]

So... Jill and others.... Law Enforcement can't stop you just to look at your drivers license?

HAHAHa


The Kansas City Police Department’s Traffic Investigation Unit will have a driver license checkpoint next week.

Police said the checkpoint will be held May 6. They didn’t release a time or location for the checkpoint, except to say it will be held at where there are occurrences of people driving while their licenses have been revoked or suspended and where there are drunken driving-related crashes or arrests.



Read more: KC police to hold driver license checkpoint - KansasCity.com

Nobody ever said they can't stop the drivers...but will they be asking the passengers for ID also?

They can ask anything they damn well please.

 

[hboats]

ALL occupants of a motor vehicle stop are detained, see Brendlin, US SC.

They can challenge any constitutional stop just as a driver. So to answer the Q, the police can ask, yes, but to compel production is another matter, as unless they are under investigation, they do not have to legally show it. The driver, sure, as he is driving.

But, if they decline to show it, they can still be detained until proof of identity is given. Just because they turn down the request by the officer to show ID does not mean that the interaction is over. If the officer wants to he can detain someone who refuses to show identification until their identity is confirmed. It doesn't just include the driver.

Rick

Under what Constitutional authority can the officer continue to detain a passenger who does not have to legally show his ID?

You said an officer can ask for ID from anyone in the car, correct? I agree, it is well within their authority to ask for a passenger's ID. Now, let's say an officer asks for ID, and a passenger refuses to show it. That refusal right there is cause for the officer to be suspicious that there is something not right about the passenger. That suspicion is all that is needed for an officer to detain someone. I NEVER said arrest, I said detain. And an officer has every right to detain someone until proof of identity can be made.

Rick

 

[lawbuff]

You said an officer can ask for ID from anyone in the car, correct? I agree, it is well within their authority to ask for a passenger's ID. Now, let's say an officer asks for ID, and a passenger refuses to show it. That refusal right there is cause for the officer to be suspicious that there is something not right about the passenger. That suspicion is all that is needed for an officer to detain someone. I NEVER said arrest, I said detain. And an officer has every right to detain someone until proof of identity can be made.

Rick

I still disagree. If a person is NOT required to show ID, the mere refusal does not rise to the level of a further "seizure" under the 4TH AM.


That may arouse suspicion, sure, but it is not enough to warrant a continued detention.

Let's say the officer asks a passenger "Have you ever been arrested" and the person refuses to answer, without any "specific and/or articulable" facts to support a further seizure, it will not withstand scrutiny.

 

[NO CLUB]

How about pulling over only motorcycles to check our papers,helmets,mufflers,inspection,etc, while cars driven by unlicenced drunks motor on,?

 

[Contumacious]

As long as they stop everyone.

You do not realize this or are you just being oblique?

"We have already noticed the intimate relation between the [the Fourth and Fifth] two amendments. They throw great light on each other. For the 'unreasonable searches and seizures' condemned in the fourth amendment are almost always made for the purpose of compelling a man to give evidence against himself, which in criminal cases is condemned in the fifth amendment; and compelling a man 'in a criminal case to be a witness against himself,' which is condemned in the fifth amendment, throws light on the question as to what is an 'unreasonable search and seizure' within the meaning of the fourth amendment. And we have been unable to perceive that the seizure of a man's private books and papers to be used in evidence against him is substantially different from compelling him to be a witness against himself. We think it is within the clear intent and meaning of those terms"

BOYD v. U S, 116 U.S. 616 (1886)

It doesn't matter if they stop everyone.

You do not realize this or are you just being oblique?

.

.

 

[TheBrain]

Awesome how everyone here thinks they're a lawyer.

 

[Contumacious]

Awesome how everyone here thinks they have a brain.

.

 

[Warrior102]

Here in Virginia, they have Motorcycle checkpoints
Yep. We're the only folks being pulled into a parking lot. Helmets checked, as is inspection, insurance, license, etc.
Local law enforcement gets grants for these and the guys/ladies who work the checkpoints get some overtime $$$
Personally, I think it's a good thing as there are alot of drunk, unlicensed people on bikes.

 

[TheBrain]

Awesome how everyone here thinks they have a brain.

.

I'll take you on in any subject you choose.

 

[Zona]

Heres what you are forgetting.

"Point of contact"

When you are walking down the street and an officer pulls over and requests to speak to you what happens if you refuse to talk to him or her?

An officer is allowed to ask you a question right?

Hey have you seen any person running past here wearing a grey hoody?

Can you tell me if you have seen a Blue sedan with a crumbled bumper in the area?

He has just had a point of contact with you.

theres dem cops acting all stupidly and stuff somebody call barack.. quick.. we needs him..

Your English is atrocious.