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re: Just got through an inspection checkpoint, how are these constitutional again?

Posted on 7/29/17 at 12:06 pm to
Posted by NYNolaguy1
Member since May 2011
20877 posts
Posted on 7/29/17 at 12:06 pm to
quote:

And they didn't check your insurance? I don't think so.


This happened in NY, not LA. Oddly enough NYS doesntask for insurance when you get pulled over like LA does.
Posted by DonChowder
Sonoma County
Member since Dec 2012
9249 posts
Posted on 7/29/17 at 12:07 pm to
Think you own your car? Quit payin registration and see what happens to it.

Repeat after me little sheep..."We are free".
Posted by KillTheGophers
Member since Jan 2016
6211 posts
Posted on 7/29/17 at 12:08 pm to
quote:

Inspection checkpoints aren't unreasonable


I bet your law professors just loved you.
Posted by tigerinexile
NYC
Member since Sep 2004
1268 posts
Posted on 7/29/17 at 12:10 pm to
I especially love it when they ask me where I'm headed.
Posted by TheFlyingTiger
Member since Oct 2009
3994 posts
Posted on 7/29/17 at 12:10 pm to
none of the 'fishing' checkpoints are constitutional

but hey, free country right? just keep saying it until you believe it
Posted by Geauxtiga
No man's land
Member since Jan 2008
34377 posts
Posted on 7/29/17 at 12:14 pm to
Checkpoints are not a problem. People driving without insurance IS.
Posted by LSUwag
Florida man
Member since Jan 2007
17319 posts
Posted on 7/29/17 at 12:20 pm to
It's constitutional as long as they are systematic. An example would checking every car or every other, etc.

Driving is a privilege, not a right.
Posted by rmnldr
Member since Oct 2013
38221 posts
Posted on 7/29/17 at 12:22 pm to
quote:

So you don't have rights when you are driving? What the frick are you trying to say?


He's saying you're not born with the God-given right to drive a motor vehicle. You have to obtain a license from the state to do so. What's so hard to understand?
Posted by S
RIP Wayde
Member since Jan 2007
155463 posts
Posted on 7/29/17 at 12:23 pm to
Quentin Griffin
Posted by jdeval1
Member since Dec 2009
7525 posts
Posted on 7/29/17 at 12:28 pm to
quote:

Checkpoints are not a problem. People driving without insurance IS.

I disagree with checkpoints but we should have stiffer penalties for people driving without insurance. Make it so damn punitive that people are deterred from doing it. First offense - warning and a fine, second offense - license suspended for 2 years, $1000 fine and vehicle impounded, third offense - 6 months in parish
Posted by NYNolaguy1
Member since May 2011
20877 posts
Posted on 7/29/17 at 12:28 pm to
quote:

It's constitutional as long as they are systematic. An example would checking every car or every other, etc.

Driving is a privilege, not a right.


My original point was my disagreement over being temporarily detained without cause. Our Supreme Court says its acceptable as you say if its systematic. Delaware v Prouse and all...
Posted by ChewyDante
Member since Jan 2007
16916 posts
Posted on 7/29/17 at 1:11 pm to
quote:

He's saying you're not born with the God-given right to drive a motor vehicle. You have to obtain a license from the state to do so. What's so hard to understand?



Because in the context of this discussion, the complaint is about whether your God-given rights to not be subjected to unreasonable search and seizure, aka the 4th Amendment, are somehow rendered null and void on account that you are driving a vehicle. So to remark that, well, driving is just privilege, is to suggest that when you are engaged in a "privilege" that you are effectively forfeiting certain "rights." Which of course is a bit of a contradiction, don't you think?

That's kind of the whole crux of the debate. Does that not clarify the point of my inquiry?

Or do you honestly think I don't understand the difference between what is a right and a privilege? Do you think I contend that it is illegal for the state to suspend your driver's license? That would be not understanding the difference of a right and a privilege. But if you believe that, well, driving is simply a privilege therefore you can be subjected to state interference that would otherwise be a fundamental violation of your rights, then I would say that argument needs some substantive clarification. A bit more than simply saying:

quote:

Driving is a privilege, not a right. Constitution protects rights.


Don't you think?
Posted by Box Geauxrilla
Member since Jun 2013
19118 posts
Posted on 7/29/17 at 1:51 pm to
quote:


fricks with no inspection

Explain how this protects you.

I'll hang up and listen.


Thanks for listening. Car inspections ensure that cars on the road are safe for travel. If somebody does not have their car inspected and there is a problem with something that would have been discovered by a basic inspection, it could potentially cause an accident involving me.

Now please tell me how you've made it this far in your life without getting trapped in a corner.
Posted by xxGEAUXxx
minneapolis
Member since Dec 2012
1056 posts
Posted on 7/29/17 at 2:10 pm to
quote:

My original point was my disagreement over being temporarily detained without cause. Our Supreme Court says its acceptable as you say if its systematic. Delaware v Prouse and all...


Due to our professions you and I disagree on things. But this I agree. I believe it's a violation of the 4th amendment. I feel during a check point you are not free to leave.
Regardless I feel dui, insurance, vehicle equipment checks are unreasonable and a money grab.
Posted by xxGEAUXxx
minneapolis
Member since Dec 2012
1056 posts
Posted on 7/29/17 at 2:13 pm to
quote:

Car inspections ensure that cars on the road are safe for travel


What's the probable cause or articulable suspicion for detainment? I understand it's dangerous for drivers to be around unsafe vehicles but where in the 4th amendment is that okay?
Posted by Muice
Baton Rouge
Member since Aug 2013
1268 posts
Posted on 7/29/17 at 2:37 pm to
quote:

Thanks for listening. Car inspections ensure that cars on the road are safe for travel. If somebody does not have their car inspected and there is a problem with something that would have been discovered by a basic inspection, it could potentially cause an accident involving me.

Now please tell me how you've made it this far in your life without getting trapped in a corner.



Please tell me why my car insurance rates were significantly cheaper in Florida (no brake tags) than in Louisiana?

I mean Louisiana has inspections. Shouldn't all the cars be super safe and less accidents occur?



Posted by baseballmind1212
Missouri City
Member since Feb 2011
3253 posts
Posted on 7/29/17 at 2:52 pm to
quote:

had a cop tail him for about 8 miles last night, shining his brights.


I got tailed by a cop leaving work one night on Burbank shining his brights. I pulled over (he never lit me up with reb/blues).

When I stopped he stopped behind me and asked why I was pulling over. Told him I couldnt see a damn thing with all his brights shining in my mirrors. He then got pissed and said it was their way of checking "suspicious vehicles" without actually pulling them over.

Seems to me he was trying to blind my arse so I'd speed up/make an illegal maneuver so he could ticket me.
Posted by LSU alum wannabe
Katy, TX
Member since Jan 2004
26973 posts
Posted on 7/29/17 at 2:58 pm to
quote:

Just got through an inspection checkpoint, how are these constitutional again?
Just protecting the population from uninspected cars. Wish they would do that here in Houston. The number of "immigrant" junk cars on the road here is a dangerous thing.





So is that what it is keeping Houston and surrounding area from checkpoints? They want NO part of trying to stop every car passing looking for insurance and ID. They would be bogged down within an hour and have every Mexican in Harris County PISSED!
Posted by PrivatePublic
Member since Nov 2012
17848 posts
Posted on 7/29/17 at 2:59 pm to
quote:

The fourth amendment grants protections from unjust search and seizure.


How is a checkpoint a search or a seizure?

It only becomes a search or seizure if you are apparently breaking a law by not having a valid license or registration for driving, which is a state right, not a right granted by the constitution. Therefore it is subject to all rules and regulations set forth by that state, one of which is checkpoints.

Deal with it.
Posted by uway
Member since Sep 2004
33109 posts
Posted on 7/29/17 at 3:04 pm to
Constitution or no Constitution, these assholes shouldn't be stopping people arbitrarily, really ever, but certainly not in non-emergency situations.
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