Question Of The Week, 10/28/07
Good morning. November is just around the corner. The beginning of the Holiday season. I'm sure we will see and or read about our local law enforcements efforts to keep drunk drivers off the streets several times between Thanksgiving and the first of the year. Don't get me wrong, I feel they (Police Officers) should pull someone over if they have a reason to believe they are driving under the influence. There is no question about it, drunk drivers should be stopped, they are putting their lives and the lives of others at risk. I do have a question about how they are caught. Chances are all of you have been caught up at a sobriety check point at least once. Maybe the stop even caused you to be late for work or an appointment. This weeks Question Of The Week is. Do you feel sobriety check points could be considered a violation of the Fourth Amendment to the United States Constitution?
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.
I'll post my answer in the Comment Section Monday night.
God Bless America, God Save The Republic.
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.
I'll post my answer in the Comment Section Monday night.
God Bless America, God Save The Republic.
posted by David Schantz | 2:00 AM
10 Comments:
They could be considering how they are conducted. But to simply pull everyone over, without any chance of discrimination coming into play, and simply have a conversation with them to see if they are visibly drunk doesn't violate the IVth in my mind.
The Answer!!! In my little mind is definately, It is an infringement on my rights of unreasonable Search and siezure. No question, It is these little chips that finally crumble the foundations of liberty. Unfortunately, the Socialistic, if not Communistic, threat that is slowly creaping over this Nation is scary. And I say it is the little things at first. Like Seatbelts, When that first started, It was on military bases. At that time service members and anyone else who wanted to drive on a base were compelled to wear a seatbelt. Once off the base, they took them off. Then the insurance companies got wind of "the safety feature", then naturally, Money to the polititians, next the federal government said, If you want our federal Highway funds. Your state must have a seatbelt law. ANd so it went. Taking away a small but individual freedom. Smoking is another prime example. Government stepping in, where it should be an individual choice. Of Course, The liberal courts will go with the "We have to take care of these people" They are too ignorant to do it themselves". only my take.....I ramble,,,,,stay well....
Yes, a violation of the 4th amendment and the 5th. Remember that driving is a privilege, it is not a right. But we (as a nation) are willing to suspend our rights in order that a privilege can be revoked. What sense is there in that?
Do you feel sobriety check points could be considered a violation of the Fourth Amendment to the United States Constitution?
No, because driving is a privilege, not a right.
A few weeks ago, one of my former clients was killed by a drunk driver. I have pretty strong feelings on this week's Question of the Week.
Searching the car, however, is a violation of Amendment 4.
No one may be detained without probable cause. Sobriety checkpoints where cops screen everyone runs contrary to the Constitution.
To: Always on watch
Now that is a fine example of what happens when the rules ought to change because it happened to us.
And that is what we must guard against. Like 9/11. It happened to us, one time, so we go about suspending habeas corpus, kidnapping people, tapping their phones, making them take off their shoes at airports, etc. etc. etc.
The Constitution is not supposed to be flexible. It is supposed to be the way that our government operates. Not just to American citizens, not just when we are at peace, and not just when things happen to others, but all the time.
Yet we know that no one can write any law that is always fair and reasonable for every situation. So we have the Supreme Court to decide when the Constitution must be upheld and when we may create exceptions. In this example of sobriety checks, the courts have previously upheld laws that protect public safety. So this unconstitutional variance is acceptabe until the Supreme Court rules differently. And some day it might.
First I want to thank all of you for stopping by to answer this weeks question. I see no one has taken a guess at why I wanted to ask this series of questions at this time yet. I do have what I feel is a good reason for asking them at this time."This weeks Question Of The Week is. Do you feel sobriety check points could be considered a violation of the Fourth Amendment to the United States Constitution? I'm going to have to say yes. The only probable cause they have (IMO) for stopping every vehicle that comes by is your probably driving while intoxicated or you wouldn't be on the road at this time of night.
I work a swing shift, very strange hours and I'm exposed to H2S ( An interesting read http://en.wikipedia.org/wiki/Hydrogen_sulfide) every night. Along with other things it can cause eye irritation so when I'm stopped the officers feel they have probable cause for a field sobriety test and vehicle search.
God Bless America, God Save The Republic.
I found something in my e-mail after I answered. I thought it was interesting/fitting, http://www.jpfo.org/rose-serfs.htm .
God Bless America, God Save The Republic.
I was late visiting so it's easy on me. As David has already indicated its a yes. On the surface of it I woulld have answered yes in any event. Kindlingman has made an interesting point!
Take care with that yellowy stuff, Hydrogen Sulphide, gather it does not smell nice either.
Sobriety checkpoints are a clear violation of the Fourth Amendment, forcing drivers to participate in “suspicionless investigatory seizures.”
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