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re: Just got through an inspection checkpoint, how are these constitutional again?
Posted on 7/29/17 at 3:05 pm to baseballmind1212
Posted on 7/29/17 at 3:05 pm to baseballmind1212
Cops bright-light often.
I was driving near Lake Whitney the other night when someone came flying up on my bumper, so I kindly signaled to get in the shoulder of the 2-lane road to let the vehicle pass (legal in Texas, but not smart because of nails and other hazards dropped off by Mexicans dragging trailers).
The SUV passed and it was a deputy. He had someone tailgating him, too.
I am still shocked he didn't pull me over for an otherwise legal maneuver.
Glad I signaled, I was carrying two pounds of cocaine!
I was driving near Lake Whitney the other night when someone came flying up on my bumper, so I kindly signaled to get in the shoulder of the 2-lane road to let the vehicle pass (legal in Texas, but not smart because of nails and other hazards dropped off by Mexicans dragging trailers).
The SUV passed and it was a deputy. He had someone tailgating him, too.
I am still shocked he didn't pull me over for an otherwise legal maneuver.
Glad I signaled, I was carrying two pounds of cocaine!
1
Posted on 7/29/17 at 3:26 pm to PrivatePublic
quote:
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.
Our supreme court disagrees with you...
quote:
(a) Stopping an automobile and detaining its occupants constitute a "seizure" within the meaning of the Fourth and Fourteenth Amendments, even though the purpose of the stop is limited and the resulting detention quite brief. The permissibility of a particular law enforcement practice is judged by balancing its intrusion on the individual's Fourth Amendment interests against its promotion of legitimate governmental interests. Pp. 440 U. S. 653-655.
Posted on 7/29/17 at 3:32 pm to PrivatePublic
quote:
How is a checkpoint a search or a seizure?
Are you free to leave at anytime? What would happen if you didn't stop and drove away?
A traffic stop you are detained, which technically are the same as check points. Officers, deputies, troopers need to have probable cause and/or certain amount of reasonable suspicion to conduct a traffic stop/traffic investigation.
Easily arguable that check points violate 4th amendment.
Posted on 7/29/17 at 3:48 pm to texashorn
A friend of mine was driving under the speed limit down a 4 lane highway at night (Burbank as it curves away from Highland, heading towards LSU).
A lane was blocked off in that curve, so he was in the left, which was the only lane open. Tahoe hauled arse up behind him, flashed his brights. So my friend speeds up a bit and when the right lane is open he gets over into it. Tahoe changes lanes with him, turns on the light bar, writes him a ticket for speeding.
You can't trust cops to be good or honest people, and you shouldn't have to be subjected to an illegal stop just because the vocal minority are afraid of drunk drivers.
A lane was blocked off in that curve, so he was in the left, which was the only lane open. Tahoe hauled arse up behind him, flashed his brights. So my friend speeds up a bit and when the right lane is open he gets over into it. Tahoe changes lanes with him, turns on the light bar, writes him a ticket for speeding.
You can't trust cops to be good or honest people, and you shouldn't have to be subjected to an illegal stop just because the vocal minority are afraid of drunk drivers.
Posted on 7/29/17 at 3:48 pm to vodkacop
quote:
I personally don't mind them having check points for insurance
Stupid fricking checkpoint. Everyone with a DL is listed in a computer along with insurance. A simple program could sift through everyone of them in seconds and find out who doesnt have insurance.
But hey, we need something for them to do to justify their pay. I dont see how they find the time with all their patrolling to keep the streets safe.
Posted on 7/29/17 at 4:24 pm to wadewilson
quote:
(Burbank as it curves away from Highland, heading towards LSU).
Same exact spot cop pulled the maneuver I talked about.
It happened to me multiple times on Burbank. If I was in the left lane I just slowed to 40-45 and waited for them to get pissed off and pass me.
Posted on 7/29/17 at 4:38 pm to NYNolaguy1
quote:
My understanding is that they need reasonable suspicion to stop someone like that.
Your understanding of categorically wrong. As long as the stops are applied equally to everyone and not race based they are constitution. At least that is my understanding.
Posted on 7/29/17 at 4:41 pm to go ta hell ole miss
quote:
Your understanding of categorically wrong. As long as the stops are applied equally to everyone and not race based they are constitution. At least that is my understanding.
It has nothing to do with race, only whether its diacretionary or systematic. If you go back a page or two I even quoted the relevant Supreme Court decision establishing reasonable suspicion as the standard for discretionary stops.
Eta:
quote:
Except where there is at least articulable and reasonable suspicion that a motorist is unlicensed or that an automobile is not registered, or that either the vehicle or an occupant is otherwise subject to seizure for violation of law, stopping an automobile and detaining the driver in order to check his driver's license and the registration of the automobile are unreasonable under the Fourth Amendment. Pp. 440 U. S. 653-663.
(a) Stopping an automobile and detaining its occupants constitute a "seizure" within the meaning of the Fourth and Fourteenth Amendments, even though the purpose of the stop is limited and the resulting detention quite brief. The permissibility of a particular law enforcement practice is judged by balancing its intrusion on the individual's Fourth Amendment interests against its promotion of legitimate governmental interests. Pp. 440 U. S. 653-655.
It then goes on to say checking all traffic may be an alternative...
This post was edited on 7/29/17 at 4:44 pm
Posted on 7/29/17 at 4:46 pm to TexasTiger89
quote:Yeah. Houston traffic needs checkpoints.
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.
Posted on 7/29/17 at 4:50 pm to saintsfan1977
quote:
Stupid fricking checkpoint. Everyone with a DL is listed in a computer along with insurance. A simple program could sift through everyone of them in seconds and find out who doesnt have insurance.
That might be in LA. Not every state has that. Some states links the insurance through the plates. Some don't.
Posted on 7/29/17 at 5:08 pm to Muice
quote:
Please tell me why my car insurance rates were significantly cheaper in Florida (no brake tags) than in Louisiana
Does not appear to be much lower...
Less than 100 bucks a year less.
Insure.com
Probably better roads.
Posted on 7/29/17 at 6:38 pm to NYNolaguy1
Show me your papers.
Posted on 7/29/17 at 6:48 pm to Bmath
quote:
Is traveling not a right protected under the constitution?
Interstate travel likely is, although the Supreme Court's holding in Zobel vs. Williams seemed to limit this to ingress and egress.
Posted on 7/29/17 at 7:26 pm to BHM
I can tell you from experience it jumped up $840 a year.
ETA same policy. Same vehicles. No accidents
ETA same policy. Same vehicles. No accidents
This post was edited on 7/29/17 at 7:28 pm
Posted on 7/29/17 at 9:01 pm to Muice
quote:
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?
My insurance is significantly cheaper in Texas as well and we also have to get our cars inspected. Seems your lock tight logic is a bit flawed. Louisiana has some of the highest insurance rates in the country and it has to do with the fact that every car wreck ends with degenerates getting out holding their neck, calling 3 of their friends to come to the scene and jump in the car before the cops show up.
Posted on 7/29/17 at 9:18 pm to NYNolaguy1
They need to have checkpoints for car insurance.
Let's lower the rates in Louisiana for once. Getting the bums off the road would help.
Let's lower the rates in Louisiana for once. Getting the bums off the road would help.
Posted on 7/30/17 at 8:47 am to go ta hell ole miss
Lol
You can't say.
And then.
At least make your paragraph a little bigger to mask the crawfish-ing.
You can't say.
quote:
Your understanding of categorically wrong. A
And then.
quote:
. At least that is my understanding.
At least make your paragraph a little bigger to mask the crawfish-ing.
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