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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
Posted by MrFreakinMiyagi
Reseda
Member since Feb 2007
19691 posts
Posted on 11/28/25 at 6:05 pm to
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 by All Hat
Member since Nov 2025
110 posts
Posted on 11/28/25 at 6:08 pm to
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 by blueboy
Member since Apr 2006
62790 posts
Posted on 11/28/25 at 6:14 pm to
Sorry about your dewey bruh.
Posted by 3deadtrolls
lafayette
Member since Jan 2014
6685 posts
Posted on 11/28/25 at 6:14 pm to
quote:

Quit breaking the law a-hole!!


That's what OP is asking the police to do.
Posted by McLemore
Member since Dec 2003
34684 posts
Posted on 11/28/25 at 6:16 pm to
quote:

By stopping and checking everyone, there is no profiling or discrimination.


This doesn’t address the Fourth Amendment question.
Posted by Twenty 49
Shreveport
Member since Jun 2014
20810 posts
Posted on 11/28/25 at 6:23 pm to
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 by LCA131
Home of the Fake Sig lines
Member since Feb 2008
76235 posts
Posted on 11/28/25 at 6:27 pm to
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 by FieldEngineer
Member since Jan 2015
2543 posts
Posted on 11/28/25 at 6:30 pm to
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 by TigersHuskers
Nebraska
Member since Oct 2014
14497 posts
Posted on 11/28/25 at 6:30 pm to
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 by Odysseus32
Member since Dec 2009
9734 posts
Posted on 11/28/25 at 6:31 pm to
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.
Posted by tigerinthebueche
Member since Oct 2010
37696 posts
Posted on 11/28/25 at 6:34 pm to
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 by zuluboudreaux
God’s country USA
Member since Jan 2008
1050 posts
Posted on 11/28/25 at 6:35 pm to
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.
Posted by All Hat
Member since Nov 2025
110 posts
Posted on 11/28/25 at 6:37 pm to
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 by Indefatigable
Member since Jan 2019
35666 posts
Posted on 11/28/25 at 6:37 pm to
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 by lepdagod
Baton Rouge
Member since Jan 2015
5462 posts
Posted on 11/28/25 at 6:38 pm to
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 by CollegeFBRules
Member since Oct 2008
25309 posts
Posted on 11/28/25 at 6:38 pm to
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.


Well, that answers that question.
Posted by wadewilson
Member since Sep 2009
40082 posts
Posted on 11/28/25 at 6:38 pm to
They're not legal. Courts just turn a blind eye.
Posted by wadewilson
Member since Sep 2009
40082 posts
Posted on 11/28/25 at 6:40 pm to
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 by Indefatigable
Member since Jan 2019
35666 posts
Posted on 11/28/25 at 6:41 pm to
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 by wadewilson
Member since Sep 2009
40082 posts
Posted on 11/28/25 at 6:42 pm to
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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