Thread: License Check
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Old 03-19-2017, 09:50 PM
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Rastoff Rastoff is offline
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Quote:
Originally Posted by RSanch111 View Post
"Driver license" checkpoints? They're illegal as far as I know. Are you sure it wasn't a DUI checkpoint?
Correct, not legal. Not even for DUI checks.

Quote:
Originally Posted by hoc9sw View Post
Checkpoints are legal in all the states I've lived in as long as they stop and at least do a cursory check on every vehicle.
Nope, not even if they do it for every vehicle "just to make it fair".

Before everyone jumps on me with numerous "case law" decisions, I know that courts have ruled them legal. Even so, it is a clear violation of the 4th amendment:
Quote:
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.
This amendment is as simple as the second and has been just as trampled on. It is clear that without probable cause, they can't search you, for ANYTHING.

This kind of search is exactly why the 4th was included in the bill of rights. Over the years the courts have allowed this kind of thing because it's popular with the terrified public. Random searches are illegal and don't prevent any crime.

OK, I'm off my soapbox now.

You handled it well and so did the police officer. I wish everyone could be that reasonable.
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