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re: Can someone explain to be how sobriety check points are legal?
Posted on 11/28/25 at 6:05 pm to CollegeFBRules
Posted on 11/28/25 at 6:05 pm to CollegeFBRules
quote:
If this was even slightly accurate, they would have long ago been ruled so via the courts. But they’re not
Supreme Court basically stated that they were a violation of the 4th amendment, but ruled in favor of them in the interest of public safety.
Kinda what the “pro” folks are doing here.
Posted on 11/28/25 at 6:08 pm to xBirdx
quote:
Well driving isn’t a right… so if you do, you have to follow the rules.
Pretty simple
People that are stopped at check points aren't being stopped because they broke a rule.
It's illegal for a cop to pull you over unless you committed a violation or there is reasonable suspicion of criminal activity.
But it's legal to stop someone at a sobriety checkpoint without a violation or reasonable suspicion ?
Yeah, that makes sense.
Pretty Simple
This post was edited on 11/28/25 at 6:18 pm
Posted on 11/28/25 at 6:14 pm to Hawgnsincebirth55
Sorry about your dewey bruh.
Posted on 11/28/25 at 6:14 pm to shaqtaw
quote:
Quit breaking the law a-hole!!
That's what OP is asking the police to do.
Posted on 11/28/25 at 6:16 pm to FlyingPelican
quote:
By stopping and checking everyone, there is no profiling or discrimination.
This doesn’t address the Fourth Amendment question.
Posted on 11/28/25 at 6:23 pm to FlyingPelican
quote:
By stopping and checking everyone, there is no profiling or discrimination.
Good afternoon, Mr. Pelican. I’m Deputy Leblanc. We’re going to come in your house and conduct a search for any criminal activity. We’re checking every house, so there’s no profiling or discrimination.
Posted on 11/28/25 at 6:27 pm to CollegeFBRules
quote:
You are not being accosted, at all.
Seriously? What would ensue if I continued on my way? Refused to stop, refused their directives?
You see the results after they shut it down and report the results? They issue 5 of these, 3 of those, 7 of whatever, but FOUR DWIs. I think they issue the other citations to legitimize the check point. They are just judicial gravy. After all, those cars are out there everyday... Do Leos not see them during the day? Too much trouble to pull someone and cite for a taillight during the day? Hard to write someone up for not having their license if you have no reason to pull them....
Posted on 11/28/25 at 6:30 pm to TexasTiger33
quote:
I think it's a good deterrent and public safety measure.
I think it would a better use of everyone’s time if the police just pulled people over for driving like shite. Surely they would catch more drunks that way, and have solid evidence for court.
Posted on 11/28/25 at 6:30 pm to Hawgnsincebirth55
As an alcoholic in recovery with a DUI, just dont drive drunk and you won't have to worry. I was an a-hole for how much I drove drunk
Posted on 11/28/25 at 6:31 pm to TexasTiger33
Yeah.
I am for anything that deters people from drinking and driving.
People in this state seem to think it’s some sort of a joke. You should lose your license forever if you do it once.
Idk how else to say it. You drink, you don’t get to drive. You need to drive? You don’t get to drink. It’s that simple.
I am for anything that deters people from drinking and driving.
People in this state seem to think it’s some sort of a joke. You should lose your license forever if you do it once.
Idk how else to say it. You drink, you don’t get to drive. You need to drive? You don’t get to drink. It’s that simple.
Posted on 11/28/25 at 6:34 pm to LCA131
quote:
why don't you ever see them at 9:00 in the morning, midday, 3:00 in the afternoon?
Travel La 415 where it intersects US 190 westbound. LSP has been known to post up right there with some regularity during daytime hours.
Posted on 11/28/25 at 6:35 pm to Hawgnsincebirth55
Louisiana sobriety checkpoints are legal because both the U.S. Supreme Court and the Louisiana Supreme Court have determined that the state's interest in preventing drunk driving and saving lives outweighs the minimal intrusion on individual Fourth Amendment rights, provided specific operational guidelines are followed.
For a sobriety checkpoint to be considered lawful in Louisiana, law enforcement must adhere to strict administrative and operational requirements:
Supervisory Planning: The location, time, and duration of the checkpoint must be established in advance by supervisory personnel, not the field officers conducting it.
Public Advance Warning: The public must be notified of the checkpoint ahead of time through public announcements (e.g., local newspapers, social media posts).
Safety Measures: The checkpoint area must have sufficient lighting, clear signage, flares, and cones to warn approaching motorists and ensure safety for both drivers and officers.
Systematic Stopping: Vehicles must be stopped using a neutral and systematic, non-random criterion (e.g., stopping every single car or every third car) to prevent discrimination and arbitrary enforcement.
Minimal Intrusion: The initial detention of motorists should be brief, involving a cursory visual inspection and request for license and registration.
Probable Cause Requirement: An officer can only conduct a more thorough investigation, such as field sobriety tests or chemical tests, if they develop reasonable suspicion or probable cause of impairment during the initial stop (e.g., observing slurred speech, the smell of alcohol, or an open container in plain view).
Drivers do have the right to refuse a field sobriety test or to answer incriminating questions beyond providing identification, but under Louisiana's implied consent law, refusal to submit to a chemical test (like a breath or blood test) after an arrest can result in automatic driver's license suspension.
If these established procedures are not followed correctly by law enforcement, any resulting DUI/DWI charges can be challenged and potentially dismissed in court.
For a sobriety checkpoint to be considered lawful in Louisiana, law enforcement must adhere to strict administrative and operational requirements:
Supervisory Planning: The location, time, and duration of the checkpoint must be established in advance by supervisory personnel, not the field officers conducting it.
Public Advance Warning: The public must be notified of the checkpoint ahead of time through public announcements (e.g., local newspapers, social media posts).
Safety Measures: The checkpoint area must have sufficient lighting, clear signage, flares, and cones to warn approaching motorists and ensure safety for both drivers and officers.
Systematic Stopping: Vehicles must be stopped using a neutral and systematic, non-random criterion (e.g., stopping every single car or every third car) to prevent discrimination and arbitrary enforcement.
Minimal Intrusion: The initial detention of motorists should be brief, involving a cursory visual inspection and request for license and registration.
Probable Cause Requirement: An officer can only conduct a more thorough investigation, such as field sobriety tests or chemical tests, if they develop reasonable suspicion or probable cause of impairment during the initial stop (e.g., observing slurred speech, the smell of alcohol, or an open container in plain view).
Drivers do have the right to refuse a field sobriety test or to answer incriminating questions beyond providing identification, but under Louisiana's implied consent law, refusal to submit to a chemical test (like a breath or blood test) after an arrest can result in automatic driver's license suspension.
If these established procedures are not followed correctly by law enforcement, any resulting DUI/DWI charges can be challenged and potentially dismissed in court.
Posted on 11/28/25 at 6:37 pm to Odysseus32
quote:
I am for anything that deters people from drinking and driving.
Do you think it should be legal for cops to randomly pull people over, without reasonable suspicion, so they can perform a sobriety check ?
You know, just to make sure you aren't drunk.
Because it's not legal for them to do it currently.
This post was edited on 11/28/25 at 6:39 pm
Posted on 11/28/25 at 6:37 pm to TexasTiger33
quote:
On one hand, it's a matter of the unconstitutionality of being detained without probable cause which is fundamentally a problem and a slippery slope.
SCOTUS has already ruled on this and found them constitutional as long as they meet certain guidelines. Limited duration, advance notice, etc.
Posted on 11/28/25 at 6:38 pm to LSUBoo
quote:
They'll get you on that inspection sticker.
They can’t or won’t write a inspection sticker ticket at a dui checkpoint… at least in BR or Monroe they wont
Posted on 11/28/25 at 6:38 pm to MrFreakinMiyagi
quote:
Supreme Court basically stated that they were a violation of the 4th amendment, but ruled in favor of them in the interest of public safety.
Posted on 11/28/25 at 6:38 pm to Hawgnsincebirth55
They're not legal. Courts just turn a blind eye.
Posted on 11/28/25 at 6:40 pm to CollegeFBRules
quote:
If you have a problem with checkpoints, don’t drink and get behind a wheel. I’m not going to ever do a field sobriety check, but there’s too many people who practice god awful judgement that I support the checkpoints.
You know they can take you to jail, forcibly take your blood, and charge you with DUI even if you're stone sober?
Because that's what you deserve for being such a simp.
Posted on 11/28/25 at 6:41 pm to All Hat
quote:
Do you think it should be legal for cops to randomly pull people over, without reasonable suspicion, so they can perform a sobriety check ? You know, just to make sure you aren't drunk. Because it's not legal for them to do it currently.
If a cop wants to pull a vehicle over, they can easy find an articulable reason by following for a few minutes. That isn’t a barrier.
Posted on 11/28/25 at 6:42 pm to CollegeFBRules
quote:
You want to live in an organized society, this is a small inconvenience that I support based on the mountain of evidence that assholes who are drunk off their asses will think of no one but themselves when drinking and driving.
And others believe that you should be forced to call someone by the gender they identify as, and that you shouldn't be allowed to own guns.
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