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Old 06-13-2011, 06:59 AM
 
2,669 posts, read 6,794,881 times
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Quote:
Originally Posted by NG2 View Post
You are speaking logically and assuming that little things like 'liberty' matter anymore. I agree completely with what you are saying ... it is a slippery slope to "Show me your papers".

I was stopped at check point after picking strawberries with my 3 daughters and my wife in the car. I asked why a State Trooper was stopping people on a municipal road (he did not like that) and I asked what statute allowed him to ask people for their license without probable cause of wrong doing.

He said it was in chapter 30 of the state code. Upon arriving home I opened up my computer and began to search and I could not seem to locate this 'law' anywhere...
Here you go: GS_20-16.3A
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Old 06-13-2011, 07:27 AM
 
Location: ITB Raleigh, NC
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Yep, see above. Probable cause is only required for a random stop and search. Just asking to see your license is not a search IF they do it in a manner which is consistent (see the language in the reference statute). That is, they need to set up the stop, stop everyone, etc. This keeps them from picking certain people out for no cause...but stopping everybody for checkpoints.
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Old 06-13-2011, 07:31 AM
 
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If you're really curious, you'll want to read the U.S. Supreme Court decision in Michigan Dept. of State Police v. Sitz, which upheld police checkpoints.
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Old 06-13-2011, 07:37 AM
 
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Unhappy Check Point

I wish they could check for current insurance.

When my daughters autos were wrecked in 2 separate incidents, both of the drivers were uninsured and my insurance had to pay.

One young man lied and swore he had insurance. He actually did not pay his premium and it had lapsed. The other young lady was using her sisters DL and lied and actually had no DL or insurance.
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Old 06-13-2011, 10:30 AM
 
447 posts, read 1,552,830 times
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My back and hips wish the guy with no license and no insurance who t-boned my car at 45 mph had been caught in one of these checks. That was at 8 am in the morning a few years ago. Got no problem with these kind of checks.
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Old 06-13-2011, 10:46 AM
 
Location: Raleigh, NC
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Quote:
Originally Posted by Usedtobe VaNC View Post
This keeps them from picking certain people out for no cause...but stopping everybody for checkpoints.
I noted the Supreme Court had ruled the searches were legal - I just disagree with the ruling and the value of the stops. Couldn't the logic of searching everyone be expanded to searching all houses in a neighborhood with the hopes of finding a meth lab, etc?
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Old 06-13-2011, 11:32 AM
 
2,669 posts, read 6,794,881 times
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Quote:
Originally Posted by don6170 View Post
I noted the Supreme Court had ruled the searches were legal - I just disagree with the ruling and the value of the stops. Couldn't the logic of searching everyone be expanded to searching all houses in a neighborhood with the hopes of finding a meth lab, etc?
I think the difference is in the concept of "privilege vs. right". You have a right to own property, and certain protections go along with ownership. You have a privilege to drive, which is granted by the state based on certain criteria. The state has the authority to check to be sure you are following the criteria. It's the same as inspecting restaurants, or checking for hunting licenses.
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