How are road checkpoints legal?

bionicarm

bionicarm

Active Member
Originally Posted by NigerBang
http:///forum/post/3120261
A good friend of mine left his house to go to a job interview and 2 miles from home there was a roadblock with hella line waiting.. He turned around in a nearby driveway to go the other way( would take a few minutes longer taking back roads instead of the highway but couldnt risk being late) 2 of the patrol cars left the roadblock and pulled him over because he turned around before a road block.. He explained why he did such, They asked if they could search his car.. He told them he didnt see any reason why they would need to.. BAM in GA if they ask you if they can search your car and you tell them no that is deemed probable cause.. So no matter what you dont have a choice.. If they want to, they are going to. They didnt find anything and let him go.. He didnt get the job because he was detained for almost 2 hours for all that crap..
Guess that answers my question...
 
uneverno

uneverno

Active Member
On crossing the border from Arizona, Nevada or Oregon: "Welcome to California. Do you have any fruit to declare?"
 
darthtang aw

darthtang aw

Active Member
Originally Posted by bionicarm
http:///forum/post/3120139
So what do you think would happen in this scenario?
You're driving down the road and the traffic comes to a halt. You look ahead, and you see it's a road checkpoint. You're running late for an appointment, and know there's another road a few blocks back that you can take to get around the checkpoint without stopping. Do you do a U-Turn and take that road, or do you stay put fearing that if you leave the line, a cop at the roadblock may see you and assume you're fleeing the area because you're trying to hide something? Does the cop even have the right to come after you and pull you over for doing this?
Deoends on the state. I know here in New Mexico we had a state supreme court case The ruled the police were NOT allowed to pull people over for just performing the U-turn to avoid the checkpoint. They did say the police could go check it out and if the driver performed any violations then, they could be pulled over. But just the U-turn is not probable cause here.
 
V

vinnyraptor

Guest
Originally Posted by uneverno
http:///forum/post/3121394

Well played!

like i said before under the 4th ammendment its unconstitutional but we allow it. randomly pulling people over and asking them for a drivers license or proof of insurance is illegal. there is no probable cause, the cops themselves will tell you that at check points they pull every 2nd or 3rd vehicle.
btw the Nazi's had check points, lol.
 
reefraff

reefraff

Active Member
Originally Posted by VinnyRaptor
http:///forum/post/3126602
like i said before under the 4th ammendment its unconstitutional but we allow it. randomly pulling people over and asking them for a drivers license or proof of insurance is illegal. there is no probable cause, the cops themselves will tell you that at check points they pull every 2nd or 3rd vehicle.
btw the Nazi's had check points, lol.
The airlines can search your luggage because flying isn't a right, it's a privilege. Same deal with driving.
 
aquaknight

aquaknight

Active Member
Originally Posted by reefraff
http:///forum/post/3126960
The airlines can search your luggage because flying isn't a right, it's a privilege. Same deal with driving.
I'm as big of driving is a privilege not a right, as everyone. Though I mostly use that argument towards removing the people who shouldn't be behind the wheel of a car in the first place....
But simply put, when you get your license and operate a motor vehicle on public, you don't 'give up' everything. It's reasons like the 4th Amendment, under normal conditions, a cop can not pull you ever without probable cause. From what I've read, the reason checkpoints are legal, is because our court systems have said that certain ones are legal for various reasons, mainly interpreting the Constitution. For the original point of this thread, the 'standard' checkpoint where they ask for your license/insurance, it's because this are regulatory issues, not criminal.
And for that reason, it's been held in court that in a checkpoint, the police can not use a drug dog and sniff your car without probable cause, because that's a criminal case. When you're 16, and sign on your first license, you actually don't give up very many rights at all. Just a ton of extra 'laws' to follow.
 
reefforbrains

reefforbrains

Active Member
Some folks thrive on the drama involved around the dealings of city hall. I am of the reverse. I do however feel it is your obligation to correct things and fight your fights when abuse is happening.
Minor inconveniences are just part of life. Having to show proof of something you already know you legally need to have handy in the vehicle should not be considered out of bounds.
Far too many illegal drivers and dirtbags on the road. There is a real NEED to try new ways of getting these folks off the roads. Checkpoints will stop once they stop working. I don't care if your wating on the mail, the appointment is net week, you just got it, You can't find it, It is your wife's/husband's car and your unfamiliar, You forgot to update it, Your in a rush.....
Who cares. It is not unreasonable.... YOU ARE for putting the responsibility on someone else for navagating your mess.
Like the guy/gal in front of you in line at the check point and then waits until right AT the checkpoint to pull their information. He/She stops and digs around the glove box like a squirrel for 5 minutes trying to sort through some mess of junk and find paperwork. I am pissed at HIM, not the checkpoint.
JMO
 
bionicarm

bionicarm

Active Member
Most of these types of checkpoints are nothing more than revenue generators for the cities that do them. Do you feel you rights are violated when you see a cop running a speed trap on the side of the road? Same principle. These checkpoints allow cops to inspect vehicles for expired license tags, inspection stickers (if they apply in that state), faulty equipment (Headlights out, blinkers not working, brake lights not working, etc.). It also allows them to check the driver for a valid driver's license, insurance, car registration, and recently if they are wearing a seat belt. The State of Texas just enacted a new law whereby everyone in a car, regardless of where they are sitting, must wear a seat belt. Also, and child under the age of 9 and under 4' 6" (or somewhere close to that), must be in a booster seat. How many tickets do you think these new laws will generate?
 
reefraff

reefraff

Active Member
There is no reason to get worked up over the check points unless you make it a habit to drive under the influence or don't have insurance or a license. If they pull you out of line and you have a license and insurance and don't appear drunk there is no search.
 
bionicarm

bionicarm

Active Member
Originally Posted by reefraff
http:///forum/post/3127049
There is no reason to get worked up over the check points unless you make it a habit to drive under the influence or don't have insurance or a license. If they pull you out of line and you have a license and insurance and don't appear drunk there is no search.
Like I said, it's not just about drunk drivers and not having insurance. The cops have other ulterior motives. I've seen these checkpoints in San Antonio during the middle of the day. How many drunk driver's do you think they're going to catch at that time?
 
reefraff

reefraff

Active Member
Originally Posted by bionicarm
http:///forum/post/3127052
Like I said, it's not just about drunk drivers and not having insurance. The cops have other ulterior motives. I've seen these checkpoints in San Antonio during the middle of the day. How many drunk driver's do you think they're going to catch at that time?
Cracked windshields are one of their favorites. As long as they are just checking for license registration and insurance unless they smell the weed or booze I don't have an issue.
 
drtito

drtito

Member
Originally Posted by reefraff
http:///forum/post/3127599
Cracked windshields are one of their favorites. As long as they are just checking for license registration and insurance unless they smell the weed or booze I don't have an issue.
+1 on that,here in the very southwest by the border, the border control is tight there a few check points between here and the big city ,with all kinds of law enforcement. The are looking for large loads of "POT" and other drugs.
Just answer a few question if any, smile , and answer "Yes sir" all very humdrum now. But I feel safe.
 
darthtang aw

darthtang aw

Active Member
bionicarm;3127052 said:
Like I said, it's not just about drunk drivers and not having insurance. The cops have other ulterior motives. I've seen these checkpoints in San Antonio during the middle of the day. How many drunk driver's do you think they're going to catch at that time?[/QUOTE
Not as many as the number of drivers on the road without insurance....
Click to expand...
 
bionicarm

bionicarm

Active Member
Here in Texas, most of our freeway overpasses have Turnaround lanes so you don't have to sit through the light to just go the opposite direction on the freeway. After they enacted the "Click It Or Ticket" campaign about getting tickets for not having your seatbelt buckled, the cops started parking their cars in this little median area between the Turnaround lane and the regular lane. They stand outside of their car and watch the cars come through the Turnaround lane looking for people with their seat belts off. If they see one, they point at them and direct them to a nearby parking lot, where another cop is waiting to hand them a ticket.
 
aquaknight

aquaknight

Active Member
While, the reason I started this thread, is sort of the same. Where does it end and what limits are there? I mean, if I literally have to go through a checkpoint everyday, or breathe into a alcohol meter to start my damn car, I'm not going to happy camper. What's currently holding police departments back from doing daily checkpoints? With this financial crunch, who but can't help keep a wary eye towards something like this, as these departments look into ways to generate revenue?
 
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