Are DUI checkpoints unconstitutional?
Are DUI checkpoints against the 4th amendment? ...
Are DUI checkpoints against the 4th amendment?
Facebook comments:
Are DUI checkpoints against the 4th amendment? ...
Are DUI checkpoints against the 4th amendment?
Facebook comments:
They are there for the ones who are dumb enough to drink and drive
no they are not
Courts have said they are not, as the brief stop without cause is not deemed a seizure under the law.
No. But if they concern you…DON’T DRIVE DRUNK!
Technically yes. However, the Supreme Court has decided that DUI checkpoints, though violative of the Fourth Amendment, are allowed under these circumstances (Michigan v. Sitz)
–Decision making must be at a supervisory level, rather than by officers in the field.
–A neutral formula must be used to select vehicles to be stopped, such as every vehicle or every third vehicle, rather than leaving it up the officer in the field.
–Primary consideration must be given to public and officer safety.
–The site should be selected by policy-making officials, based upon areas having a high incidence of drunk driving.
–Limitations on when the checkpoint is to be conducted and for how long, bearing in mind both effectiveness and intrusiveness.
–Warning lights and signs should be clearly visible.
–Length of detention of motorists should be minimized.
–Advance publicity is necessary to reduce the intrusiveness of the checkpoint and increase its deterrent effect.
The "advance publicity" prong is why you hear generic radio ads. Police websites also advertise checkpoints, often.
There is the law, and then there is what is right. I don’t care about poor decisions from courts. A turd by any other name still stinks. Cops tell people probable cause is anything they say it is. I don’t think these intrusions in our private lives is right despite any negative feedback.
"The needs of the many (sober drivers) outweigh the needs of the few (drunk drivers)."