Quote:
Originally Posted by Rastoff
Correct, not legal. Not even for DUI checks.
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:
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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For what it's worth, the supreme court has ruled DUI check points to be unconstitutional but acceptable for the "common good", which makes them legal in most states unless that state doesn't feel that way.
I've never heard of a state that conducts random DL checkpoints.