Indep. Police Stage Roadblock To Check Driver's Licenses

Kansas City Channel 9 ^ | 7-15-2004

[JOAT]

INDEPENDENCE, Mo. -- Police in Independence conducted a driver checkpoint on Thursday, but it wasn't to look for drunken drivers.

For about an hour Thursday afternoon, officers stopped vehicles to make sure drivers had valid licenses. But some are questioning the legality of holding such a checkpoint.

Independence police have arrested more than 1,300 drivers this year for driving without a valid license, KMBC's Jim Flink reported. On Thursday, police stopped about 300 drivers on a busy street.

Independence Officer Tom Gentry said drivers without licenses pose a safety concern.

"It's a public safety issue. On public highways, you don't want illegal drivers out there who might pose a grave danger," he said.

But Gentry added there are other reasons for wanting to make the stops.

"People who don't bother to get their driver's license or get them renewed -- usually that's an indicator of other problems as well," Gentry said.

Independence officers issued 10 tickets on Thursday, and they also arrested four people on outstanding warrants and one person for possession of narcotics and drug paraphernalia.

But Dick Kurtenback, of the American Civil Liberties Union, said he's troubled by police stopping drivers for this type of search.

"This bothers me -- they're conducting general searches without probable cause," he said. "I think the problem there is they're changing some essential aspects of this country's character, and I think it's troublesome that they're doing that."

Kurtenbach said the searches may violate people's Fourth Amendment right against unreasonable search and seizure. Some drivers with whom Flink spoke agreed.

"For public safety, I think it's all right. But it does kind of bother me, in the sense that I think it's an invasion of my personal liberty," driver T.K. Shiao said.

But motorist Jan Huff-Soper thought police were doing the right thing.

"It sounds like they have a lot of people driving without licenses, and I would hope people driving out there would have valid licenses," she said.

Police said the number of arrests this year proves the roadblocks work. The police department is basing its use of checkpoints on a Supreme Court case that allows DUI roadblocks in the interest of public safety.

Kurtenbach said drivers without licenses aren't inherently dangerous, even if they are breaking the law.

[JOAT]

Independence Officer Tom Gentry said drivers without licenses pose a safety concern. "It's a public safety issue. On public highways, you don't want illegal drivers out there who might pose a grave danger," he said. But Gentry added there are other reasons for wanting to make the stops.

Fishing expeditions like this are becoming increasingly common. Setting up roadblocks to see if they can discover a reason to charge people.

[theDentist]

Good thing they didn't come across Mexican Matricula licenses... they could end up being sued for that...

[don'tbedenied]

"Papers please!"

This is where the drunk driving checkpoints lead. Thanks MADD and a curious coalition of conservative puritans and liberal nanny staters.

[johnfrink]

Why not check for proof of insurance? Uninsured motorists are a tremendous problem in this country, and other than making sure that a car is insured when it is registered, most counties don't do anything to crack down on this problem.

[clamper1797]

I rarely if ever agree with the ACLU ... but this time they are right ... "Your papers please" is NOT something I want to hear in my country ... no matter how many unlicensed drivers it yields

[pierrem15]

Fishing expeditions like this are becoming increasingly common

That's why it's a good day to drive drunk in Indep., MO today.

If the stated reason is lack of a valid driver's license, then any other evidence found or any other charge is inadmissible.

[chuckwalla]

Next step; going into every home to see if anyone is breaking any laws. Law breakers could pose a danger to society, and safety is important to everyone. Why let lawbreakers out on to the roads where they could pose greater danger to others.

[JOAT]

Good thing they didn't come across Mexican Matricula licenses

I'd be surprised if they didn't. Those are 'no problemo' señor!

[chuckwalla]

Dream on

[NJ_gent]

"Fishing expeditions like this are becoming increasingly common. Setting up roadblocks to see if they can discover a reason to charge people."

My gut feeling is that it's both a BS fishing expedition and perfectly legal, assuming you subscribe to the 'driving is a privilege, not a right' way of thinking. It's the type of thing people could put a stop to if they cared enough to do it. Most people are far too apathetic to even fight it, let along fight it hard.

[clamper1797]

Why not random late night house searches ... I sure that it would caught many instances of law breaking ... and I know as of late every Podunk town has a SWAT team that could use the exercise and the practice ... after all we have nothing to hide.

[freeeee]

"This bothers me -- they're conducting general searches without probable cause," he said. "I think the problem there is they're changing some essential aspects of this country's character..."

[JOAT]

Next step; going into every home to see if anyone is breaking any laws.

Hey why not? So long as it makes people FEEL safe.

It would be a great opportunity to check for code violations. Who knows what laws are being broken, BROKEN I say, in so many American homes?

[clamper1797]

Caught = catch

[NJ_gent]

"Why not check for proof of insurance?"

Why not search the car for illegal weapons or drugs? Why not search the people in the car? How about strip-searching everyone? How about arresting and detaining anyone who can't prove beyond a reasonable doubt who they are until they can? How about we check for outstanding warrants on all of them? Unpaid child support, traffic tickets, or any of a dozen other reasons to jail people or otherwise punish them?

After all, every 'citizen' is just another potential criminal, right?

[pierrem15]

Oh, I have no doubt the local gendarmerie would arrest you. But if they had no ther probable cause prior to being stopped at the roadblock and they are checking for licenses and not DUI, then they can arrest you, and you can sue their pants off in Fed. Court for civil rights violations.

Fishing expeditions are illegal, and the Fed courts have consistently ruled that the roadblocks are legal only if they are directed towards one problem and not everything.

[microgood]

Police said the number of arrests this year proves the roadblocks work. The police department is basing its use of checkpoints on a Supreme Court case that allows DUI roadblocks in the interest of public safety.

Are they searching cars or just asking for driver's licenses? In either case SCOTUS is full of it as usual. Our freedoms are more important than their roadblocks being successful. Of course this is just training us for even more intrusive police state tactics.

[JOAT]

Are they searching cars or just asking for driver's licenses?

The article says they arrested one person for possession of 'drug paraphernalia,' so I'm guessing they searched vehicles whenever they thought they had a chance to catch a dangerous lawbreaker.

[johnfrink]

Actually, that was my point. Checking for driver's licenses is pointless--insurance would be LESS pointless, but still an unreasonable search, IMO.

The "if you haven't done anything wrong, you've got nothing to worry about" types are going to be our undoing.

[chuckwalla]

Great line; "OUR FREEDOM IS MORE IMPORTANT THAT THEIR ROADBLOCKS BEING SUCCESSFUL"
That about says it all. How do these roadblocks promote freedom?
Replacing citizen criminals with the unlimited power and funding(from us)of a possible criminal government is one of the reasons for the 2d ammendment.
Liberal denial is propelling this country there.