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re: Just got through an inspection checkpoint, how are these constitutional again?
Posted on 7/29/17 at 2:59 pm to Bmath
Posted on 7/29/17 at 2:59 pm to Bmath
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.
2
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.
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