All you lawyers out there, tell why DUI checkpoints are not illegal due to not having just cause?
Please specify why Police can pull you over with out just cause and cite you with a DUI? ...
Please specify why Police can pull you over with out just cause and cite you with a DUI?
Last winter I got a DUI. In my state a 0.08 is considered a drunk driver. I'm not sure what the limit is in Utah. Try visiting a DUI lawyer for help. http://www.findaduilawyeronline.com
The police can pull you over just because they want to. They do not have to have probable cause (the actual expression you meant). If you use the road system, you agree that the police can pull you over at any time to check for license and registration.
The checkpoints are legal, as long as the criteria they use to stop you is consistent and random. For example, if they decide to stop every 10th car, and they consistently stop every 10th car, then it is legal. They are not singling out anyone based on any criteria other than just "luck of the draw" that you were the 10th car.
Of course, if you are not the 10th car, and they have probable cause to stop you for drunk driving, they can still stop you.
In regard to DWI check points the courts have ruled the personal safety of the citizens on a public highway outweighs the small invasion by the police on a public road way to ensure people are not driving drunk
Now the courts did strike down a random check point for drugs, finding the public where not in immediate danger by people driving with drugs in the car versus drunk drivers
But always remember with the numerous motor vehicle infractions out there a police officer can always articulate a reasonable suspicion that a person has violated a motor vehicle statute thus giving valid reason to stop and investigate
In 1990, Justice Renquist of the Supreme Court made the following ruling on the 4th amendment
"The 4th amendment is pretty much a joke – police can have DUI checkpoints. It's a joke because I'm a supreme court judge and I say so. I't ME you have to listen to, not the Constitution'
LOL ROFL HEHE HAHA OH BOY!
You're abso friggin lute ly right.
DUI checkpoints are completely unconstitutional. SURPRISE!
Yup, you're right they are totally categorically unconstitutional. They violate at least 3 amendments and a bevvy of supreme court decisions. So why do they still have them?
NO ONE BRINGS LAWSUITS. No one tries to enforce their constitutional rights. And, if you do, bone heads around the nation come out the wood work and say "WHAT'S WRONG WITH YOU, IF YOU'RE NOT GUILTY DON'T ARGUE". We live in a society of sheep that are leading the shepherd.
There is no permissible law that makes a DUI checkpoint legel at all. No STATE law can override the constitution. I believe we fought a civil war just on that issue alone.
So be my guest and go get yourself the best lawyer in the land and bring this house of cards tumbling down. DUI is about money it's not about protecting citizens. How much money do you think the nation makes off of DUI arrests? BILLIONS! [ you think people might uh look the other way for billions? ]
Edit: by the way Nan you're completely wrong. the supreme court upheld the case, saying roadblocks are unconstitutional. Rehnquist wrong the dissenting opinion in that case i.e. he lost