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Careful at wineries in Dahlonega.
- Thread starter Comanche
- Start date
You mean one split ruling in which they agreed it was a violation of the 4th, but for the sAfEtY of other drivers they ruled them acceptable.
So regardless, it's still a violation of the 4th.
Fixed that for you.
Well actually, they didn't really think they were legal, just a necessary evil because drunk drivers are bad. Read the opinions from 1990 decision. Most of them still felt it violated people's individual liberties, and felt like states should make their own decision on it even though they overturned the Michigan Supreme court which found them unconstitutional. So no, it's not so cut and dry, they just decided to let it go because they didn't want the public to think the supreme court supported drunk driving.
Are DUI Checkpoints Unconstitutional?
Are DUI checkpoints unconstitutional you ask?. Well the short answer is that they can be and you must speak with a highly trained attorney as soon as possible. Submit a case form today for help.
www.duicheckpoints.net
In 1990, the U.S. Supreme Court determined that, despite their “intrusion on individual liberties,” being stopped in a DUI checkpoint does not violate a person’s Fourth Amendment’s protection from unreasonable searches and seizures.
After reviewing the case, the Michigan State Supreme Court agreed with the drivers and ruled in their favor—but that changed once the case was brought before the U.S. Supreme Court.
Despite finding that roadblocks did meet the Fourth Amendment’s definition of an unreasonable seizure, the court found that, due to the threat a drunk driver imposes on other motorists, they were a necessary means of protection.
However, as several dissenting judges pointed out, the Constitution doesn’t make room for exceptions and, whether beneficial or not, DUI checkpoints are a clear violation of the Fourth Amendment, forcing drivers to participate in “suspicionless investigatory seizures.”
Ultimately, the U.S. Supreme Court decided to leave it up to each state to determine whether law officers could use DUI checkpoints to apprehend suspected drunk drivers. Following this ruling, eleven states passed laws to prohibit roadblocks, while the remaining 39 states continued to allow them.
Exactly, but I doubt he'll read the opinions from that case that I linked for him.
Without a doubt. Remember, we are just latrine lawyers...
I got caught driving to a stop sign where the cops had a checkpoint.
Nowhere to go but through their trap.
I don’t drink and drive and maybe have one or two drinks a year if I’m lucky.
Twice I was in camo headed to a hunting spot…..the other time was a test drive after repairing a vehicle.
Keep it simple....If you drink don't drive... If you drive don't drink. Also "checkpoints" are a great way to catch criminals with outstanding warrants.
If you continue North at the end of 400 North, they like doing them that way a lot.
Checkpoints are a great way to violate your rights too. "Show me your papers, citizen". Or, "You got any weapons on ya?" hearing those sentences just makes my heart all warm and fuzzy inside.
