are roadside, random sobreity checks unconstitutional?
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  are roadside, random sobreity checks unconstitutional?
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Author Topic: are roadside, random sobreity checks unconstitutional?  (Read 12102 times)
© tweed
Miamiu1027
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« Reply #25 on: August 19, 2008, 10:07:05 AM »

     Agreed. Anyway, I spoke to my mother about this & she agreed that roadside sobriety checks are perfectly constitutional.

I am glad that we have now heard from the final authority on this issue.
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Associate Justice PiT
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« Reply #26 on: August 19, 2008, 01:44:20 PM »

     Agreed. Anyway, I spoke to my mother about this & she agreed that roadside sobriety checks are perfectly constitutional.

I am glad that we have now heard from the final authority on this issue.

     My mother's been a lwayer for 34 years. I put a little stock into what she says. Wink
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Ebowed
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« Reply #27 on: August 22, 2008, 12:10:57 AM »

Yes.  If there's nothing suspicious about the driving, the police have no right to check.
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StatesRights
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« Reply #28 on: August 22, 2008, 12:20:56 AM »

Yes.  If there's nothing suspicious about the driving, the police have no right to check.

That goes back to the whole issue of the licensing aspect of motor vehicle operation.
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TomC
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« Reply #29 on: August 24, 2008, 08:35:09 PM »

http://www.law.cornell.edu/supct/html/historics/USSC_CR_0496_0444_ZS.html

The Court says it's OK.
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StatesRights
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« Reply #30 on: August 24, 2008, 09:33:59 PM »


If vehicles and drivers were not required to be licensed their may be a valid argument.
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Franzl
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« Reply #31 on: August 25, 2008, 04:17:04 AM »

Yes.  If there's nothing suspicious about the driving, the police have no right to check.

That goes back to the whole issue of the licensing aspect of motor vehicle operation.

Yes, that's true. I agree.
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© tweed
Miamiu1027
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« Reply #32 on: August 25, 2008, 06:52:57 AM »


but, again, if the driver is unlicensed, can he refuse to be breathalyzed?
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Franzl
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« Reply #33 on: August 25, 2008, 08:12:28 AM »


but, again, if the driver is unlicensed, can he refuse to be breathalyzed?

If the driver is unlicensed....well...at least he'll get punished for driving without a license
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© tweed
Miamiu1027
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« Reply #34 on: August 25, 2008, 11:36:31 AM »


but, again, if the driver is unlicensed, can he refuse to be breathalyzed?

If the driver is unlicensed....well...at least he'll get punished for driving without a license


yes.  but that doesn't answer the question
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« Reply #35 on: August 25, 2008, 02:40:22 PM »

Has anyone answered the question as to WHY it's good policy? The police can either spend their finite amount of time:

1-Pulling over people driving in a manner that appears drunk.
2-Pulling over people at random.

Now which is more likely to net more drunk drivers? Duh. This is a no-brainer.

So no, it doesn't save lives (though that's irrelevant as Tweed says.) It's a very very stupid and moronic policy, though apparently states now realize that as I've never seen it.
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TomC
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« Reply #36 on: August 26, 2008, 01:20:04 AM »

I think I could kinda go so far to say it's good policy if it is used to get these drivers simply off the road. But any evidence obtained by "searching" the contents of one's body without just cause should not be admissible in a prosecution against them.
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« Reply #37 on: August 26, 2008, 02:50:34 AM »


but, again, if the driver is unlicensed, can he refuse to be breathalyzed?

He would be violating the law in the first place and therefore would lose his share of rights in the matter.
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© tweed
Miamiu1027
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« Reply #38 on: August 28, 2008, 03:50:09 PM »


but, again, if the driver is unlicensed, can he refuse to be breathalyzed?

He would be violating the law in the first place and therefore would lose his share of rights in the matter.

someone violating the law loses all other legal protections?  scary slope you're running down right there.
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