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re: Just got through an inspection checkpoint, how are these constitutional again?
Posted on 7/29/17 at 4:41 pm to go ta hell ole miss
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
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