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What's the difference between stop and frisk and DWI checkpoints? I don't see any difference at all. Courts keep swatting down stop and frisk because it violates the individual's rights, but so do DWI check points. SCOTUS ruled that DWI checkpoints were ok because it was for public safety. Aren't stop and frisk policies also for public safety? The reason I ask this is because so many think more laws will keep guns out of criminal's hands, but that is pure foolishness and buffoonery. The ONLY way to get illegal guns off the streets is to stop and frisk, other than that, you have to wait for the criminal to either use the gun or get caught doing something else illegal with the gun on them. By then it's usually too late and the crime has been committed or someone died. I just don't get it.
What's the difference between stop and frisk and DWI checkpoints? I don't see any difference at all. Courts keep swatting down stop and frisk because it violates the individual's rights, but so do DWI check points. SCOTUS ruled that DWI checkpoints were ok because it was for public safety. Aren't stop and frisk policies also for public safety? The reason I ask this is because so many think more laws will keep guns out of criminal's hands, but that is pure foolishness and buffoonery. The ONLY way to get illegal guns off the streets is to stop and frisk, other than that, you have to wait for the criminal to either use the gun or get caught doing something else illegal with the gun on them. By then it's usually too late and the crime has been committed or someone died. I just don't get it.
By "stop and frisk" I presume you are referring to a "Terry Stop." A "Terry Stop" does not require probable cause or a court issued warrant. All a "Terry Stop" requires is a "reasonable suspicion" that a crime has been, will be, or is in the process of being committed. That "reasonable suspicion" must be based upon "specific and articulable facts."
DWI checkpoints violate the Fourth Amendment because there is no court-issued warrant, no probable cause, and no "reasonable suspicion." Which would explain why Alaska never uses them.
DWI checkpoints are also unconstitutional here in Canada. The cops still run them though and many people caught and charged plead guilty. If you challenge the arrest on Constitutional grounds you will be found not guilty. Mny criminals are just too dumb to know their rights. As far as stop and frisk with no cause??? There is just no way here. Any charges arising will just be tossed and the arresting officer could face charges of his own for depriving someone of their rights.
Stop and frisk often racial profile while DWI checkpoints check every car that passes through them. In Spokane, Wa the police would just hang around the bars that had the most issues with drunk driving and randomly pull people over when they would leave there late at night.
I think both are gross, but there are differences.
DWI checkpoints are random - every 5th car, etc. In practice, stop-and-frisk seems to work online the lines of "stop anyone who's skin ain't white."
Also, DWI checkpoints are done those on engaged in a licensed and regulated privilege - operating a vehicle on publicly maintained and operated roadways. Stop-and-frisk grabs people just going about whatever business they're going about doing.
Stop and frisk often racial profile while DWI checkpoints check every car that passes through them. In Spokane, Wa the police would just hang around the bars that had the most issues with drunk driving and randomly pull people over when they would leave there late at night.
Not all DWI checkpoints pull over every car. I have been through many that only do every 3rd or so.
I dislike both as well, but I don't see any other way of getting illegal guns off the streets. Even if straw buyers and thefts were all stopped, they'd still get them if they really wanted them. It seems like it's a no win situation.
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