Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Wrong. I never said anything about the Supremes. They are wrong. Legally, they have the right to interpret the constitution anyway they choose and they frequently choose to expand the power of governments. But that doesn't make it right. It just makes it legal for now.
Also, the fifth amendment clearly supports your right to not answer LEO questions and be silent and that would include at these immoral sobriety checkpoints.
"They are wrong."
There have been MANY rulings by the SC I don't agree with but, I still have to abide by them.
Cute. And if you answer the cop's question that will clearly lead to all of your freedoms being taken away from you and the government will have you in shackles (or something like that). Yep, they got a video camera on you and will say on Aug 27th, you gave up your constitutional rights and therefore we own you now. Yep, they're going to take away your guns, Roe vs Wade will be abolished...blah, blah, blah, blah, blah.
In the meantime, from a practicality standpoint, I happen to know what happens between me and that officer is up to me. And since, when I drive, I'm not intoxicated, but more importantly, I typically want to get where I want to in the fastest and most efficient way possible, I'm not going to waste 5 minutes sword fighting with a cop. I'll just say "no, I haven't been drinking" and be on my merry way. Sometimes I even have to go pee and would prefer not to go in my pants. Problem solved. Everything doesn't have to be confrontational...law or no law (especially since the result of such actions is going to be meaningless in the grand scheme of things). But do go on with your hyperbole as I'm sure there must be some extremely insignificant event you can point to that led to all Americans losing their rights. I think I'll stick with practicality.
You really have to stop thinking everything in America is like the tiny corner of the country that you live in.
DUI checkpoints where I live are not posted, stop everyone that goes through them, and have barricades set up on side streets with a cop (sometimes with a k9 on a leash) manning them leading up to the checkpoint so you can't avoid it.
May not be the norm, but that's what happens here.
Where do you live? Because I have lived in California, Oregon, Washington, Arizona, Illinois, Iowa, Missouri, and New Hampshire. And every single one of those required DUI checkpoints to be posted.
(But many people are not aware that the checkpoints are posted. Living in Missouri now, I here people complain all the time that the checkpoints are secret, even though they are all posted.)
Neither is home ownership, but "unreasonable search and siezure" still applies.
The govt should surrender its monopoly on the road system.
Home ownership is a right under 5th and 14th amendments. Private citizens are allowed to build private roads and frequently do.
Going back to this "driving is not a right, but neither is eating yogurt" thing.
The issue here is the ability to regulate. Fundamental rights have extremely high bars for regulation. Yogurt can be regulated, and the government can prevent yogurt from being sold to you. There are many food products that cannot be sold to you (hello FDA and Kinder Surprise Eggs or raw milk). Another high bar for regulation are activities in which you have a fundamental interest.
Driving is not a fundamental right (obviously) but it is also not a fundamental interest. It has a relatively low bar for the imposition of regulation. That is why due process is _not_ required to deny you your license to drive. This is also why you can be charged fees to drive and fined for not paying those fees.
Last edited by marigolds6; 08-27-2016 at 09:50 AM..
Neither is home ownership, but "unreasonable search and siezure" still applies.
The govt should surrender its monopoly on the road system.
There are many private roads in the US. The government has no monopoly. And you don't have to agree to a sobriety check. You just lose your drivers license for refusing. It's more of a contract issue than a rights issue. You agree to be tested if asked as a condition of having a drivers license.
These checkpoints violate the intent of the 4th amendment.
Generally you are only required to stop, you do not have to answer any questions. Some states may require you to show your license.
To be fair, it's likely policy that requires him to get his supervisor.
The courts have determined that sobriety checkpoint do not violate any constitutional rights. The Constitution delegates that authority to the court, not to you. If you refuse to cooperate, you will lose your right to drive. It's that simple. You have no constitutional right to operate a motor vehicle.
By following the law? You are not required to give a cop any information.
Actually you are required to provide license, registration and proof of insurance. If you choose not to participate in a sobriety test, you will lose your drivers license in all the states that I know of.
Where do you live? Because I have lived in California, Oregon, Washington, Arizona, Illinois, Iowa, Missouri, and New Hampshire. And every single one of those required DUI checkpoints to be posted.
(But many people are not aware that the checkpoints are posted. Living in Missouri now, I here people complain all the time that the checkpoints are secret, even though they are all posted.)
I have lived in Missouri all of my life, except two years in the Army, and I have never seen it posted.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
