[Publius Valerius]

So if a policeman is driving along and sees a car swerving down the road, crossing the center line and otherwise failing to maintain control of his vehicle, you think the policeman's observation of the motorist's behavior is a "clear violation of the Fourth Amendment?"

Upon reflection, I realize that you might say that crossing the center line is, in itself, another violation. So throw that example out. Let's say a drunk driver passes out at a red light. A policeman, who is behind the driver, gets out to see why the motorist didn't proceed through the green light. The policeman looks in the window and sees the motorist passed out. Fourth Amendment violation?

[Alberta's Child]

Let's say a drunk driver passes out at a red light. A policeman, who is behind the driver, gets out to see why the motorist didn't proceed through the green light. The policeman looks in the window and sees the motorist passed out. Fourth Amendment violation?

Absolutely not. Check out the motor vehicle statutes in your state . . . I can almost guarantee you that there is an "obstruction of traffic" offense listed in there that covers this situation. The police officer has every reason to engage in a "stop/search" process because the driver is breaking the law regardless of whether the driver is sober or drunk.