DUI Checkpoints

Discussion in 'Politics & Law' started by pro2A, Jan 4, 2009.

  1. pro2A

    pro2A Hell, It's about time!

    I'm not the biggest fan of "check points". There is no probable cause or reasonable articulable suspicion to stop random people driving down the road. In order for an officer to pull you over they must have a reason per the U.S. Constitution. It would be like officers stopping random people coming out of a store to make sure they didn't steal anything. If you like a Big Brother state, this may be for you, I for one don't like random police stops without probable cause.

    SCOTUS has ruled that Americans have the "right to travel" Link The right to travel has been established as being part of our right to liberty stated in the 5th amendment. Setting up a DUI (vehicle) "check-point" is the equivalent of stopping apparently law abiding people walking on the street up against a wall and officially detaining them without having any reasonable suspicion whatsoever of any crime.

    May I see your papers please? :rolleyes:

    The 5th Amendment states:

    ...nor be deprived of life, liberty, or property, without due process of law;

    I also think the 4th applies here more.

    "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".

    Discuss...
     
    Last edited: Jan 4, 2009

  2. ExpectantlyIronic

    ExpectantlyIronic e̳̳̺͕ͬ̓̑̂ͮͦͣ͒͒h̙ͦ̔͂?̅̂ ̾͗̑

    I can't believe the Supreme Court ruled in favor of such things. They're obviously a gross violation of civil liberties.
     
  3. icegoat63

    icegoat63 Son of Liberty V.I.P. Lifetime

    I've come to understand that the hitch on Checkpoints is that they are non-discriminative. Everyone who passes through the particular choke-point is checked, no profiling, just mass checking. We have checkpoints here, but I've never personally driven through one. I'd imagine them much akin to Border Checkpoints between states.

    Although I'm Pro-Civil Liberties, this is one I dont necessarily mind being infringed upon personally. Its one of those deals where I'm not guilty of the charge so I have nothing to worry about and if falling behind schedule 15-20 minutes or so because of a traffic jam at a checkpoint eventually takes drunk drivers off the road thus making my treks safer.... eh.... a small sacrifice I 'spose.

    But then again I am a right wing authoritarian so I'll side with the justice and domestic tranquility more often than not.
     
  4. pro2A

    pro2A Hell, It's about time!

    4 arrests (no report on number of stops)

    Less than 1% arrested after 46,000 stops

    796 vehicles stopped, no arrests

    3 drivers arrested (no report on number of stops)

    561 vehicles stopped, 1 arrest

    Yep, this sure looks like a cost effective way to combat DUI (even if it were legal). :rolleyes:
    ------
    They haven't ruled in favor of them. They are against them. There is no PC for DUI checkpoints, thus an illegal stop.
     
    Last edited: Jan 4, 2009
  5. icegoat63

    icegoat63 Son of Liberty V.I.P. Lifetime

    you strategically forgot to mention the 29 other cars that were also impounded....

    from the article "Sheriff's officials counted 46,781 drivers who went through the checkpoints, most of whom were not arrested or even tested for being impaired."... those are people who were able to roll through the check points without the hassle of performing intoxication tests. Also from that same article it says that 175 people were arrested in May alone from 9:15pm to 12am and this particular article doesnt say how many nights, but we can assume busy drinking nights (Friday, Saturday, Monday)

    that'd be 3 days a week, 12 days a month and roughly 4 hours apiece or 48 hours of total checkpoint; that means in the month of may they had 175 people arrested in only 48 hours... sounds like a decent trade off to me.

    From that Article: "The purpose of the checkpoints is to both remove intoxicated drivers from our streets and to emphasize that driving while intoxicated will not be tolerated by our community."

    So if no intoxicated drivers were arrested, then it seems as though the purpose of the check points are making their impact ;)

    You forgot to mention the other 35 cars that got towed... that was in the title of the article. This particular checkpoint was 6:45pm to 11pm, roughly 4 hours...


    and the other 11 citations that were given...

    So note this:

    • One American life is lost every 22 minutes in an alcohol-related traffic collision.
    in the particular circumstance where they had 4 hours worth of checkpoint... 11 people per this statistic will be in a collision, you cant say that 3 arrests and 35 other law breaking vehicles being pulled off the road dont help to break that morbid statistic.

    Sobriety Check Points
     
    Bananas likes this.
  6. PretzelCorps

    PretzelCorps Registered Member

    If even one life has been saved as a result of a DUI checkpoint (whether by actually forcing a DUI off the road, or just as a deterrent by discouraging a would-be drunk driver), then US Constitution and mind-numbing ambiguity be damned.
     
    Last edited: Jan 4, 2009
  7. MenInTights

    MenInTights not a plastic bag

    I remember when I was young and stupider I would drive after drinking a 6-pack or so because "it didn't affect me". Except I never drove on New Years night, July 4th or a few other holidays because I knew the checkpoints would be out.

    I understand about civil liberties. Also, growing up in rural SC I saw a few corrupt checkpoints -"We can make this situation go away", so I'm senitive to the other side. If I had the power to change it, I would make checkpoints only applicable to DUI, expired license and a few other things. Not wearing a seatbelt or a busted low beam should be warnings only. But all in all, I'm thankful for those checkpoints and can see that they are a great deterrent.
     
    Last edited: Jan 5, 2009
    Bananas likes this.
  8. Merc

    Merc Certified Shitlord V.I.P. Lifetime

    I'm kind of torn. I like the idea for the most part but something about it does bug me. I guess what bugs me is that America in general has to do a lot to help reverse it's drinking problems and is going all the wrong ways.

    That's not to say DUI checkpoints are wrong, I think they're a good thing especially on busy nights and holiday weekends. I just think other measures should be taken and as a country, we should begin to lift this insane taboo.
     
  9. icegoat63

    icegoat63 Son of Liberty V.I.P. Lifetime

    agreed, and I feel the same. It bothers me bad that "big brother" has to come in like a shepherd and tend to its mindless flock if you know what I mean. But with such a low opinion about most of society....this is one of those times where I'll go against my own thoughts & opinions and actually vouch for Gov't intervention. Maybe it makes me a survivalist, simply cause I don't trust Joe & his Six pack on the road ;)


    :hah: yeah thats in the news all the time about People with Warrants on their heads getting popped at a DUI checkpoint.

    But! On the flip side, I dont know about other areas but where I'm from the California Highway Patrol discloses Checkpoint locations the morning Prior to the Checkpoint, so as to allow for less traffic congestion or a simple avoidance of the whole thing (for people like myself).

    Also Cell phones buzz like crazy about where the checkpoints are, I dont know how many text messages I got on New Years about the location of all the checkpoints from people I hardly even know or talk to..... and I hadnt even planned on going anywhere!
     
  10. micfranklin

    micfranklin Eviscerator

    DUI checkpoints only need to be enforced on big nights and holidays, doing it at random any other time is just overdoing it.
     

Share This Page