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I will admit that I am troubled by random checkpoints, not so much because of the fourth amendment violation—I’m not so sure that the temporary seizure rises to the level of a constitutional violation (but maybe it does)—but more from a fifth amendment self-incrimination standpoint. I really don’t buy into the “implied consent” argument, but on the other hand, I really don’t see any other workable way around the problem.

For instance, I think that were police to be barred from using DWI checkpoints, I think that police would be much more inclined to stop drivers for trivial violations—especially on Friday or Saturday nights, say—which would increase costs for the rest of society. Clearly these would be “sham” stops, and I’m not sure that’s better policy. Do you?

I will admit that I am troubled by random checkpoints, not so much because of the fourth amendment violation—I’m not so sure that the temporary seizure rises to the level of a constitutional violation (but maybe it does)—but more from a fifth amendment self-incrimination standpoint. I really don’t buy into the “implied consent” argument, but on the other hand, I really don’t see any other workable way around the problem.

For instance, I think that were police to be barred from using DWI checkpoints, I think that police would be much more inclined to stop drivers for trivial violations—especially on Friday or Saturday nights, say—which would increase costs for the rest of society. Clearly these would be “sham” stops, and I’m not sure that’s better policy. Do you?

geez man, IF it were about public safety, you might have an argument [un Constitutional as it is]...

The last 'checkpoint' I encountered the cop asked me 3 times in three different ways if I had been drinking...we both had a questioning feel about the others face, when he remembered that we formerly worked for the same company a couple years earlier [during his trainee period] he IMMEDIATELY said 'have a safe trip' and sent me on my way...

Q?...how many cops get dui unless they are involved in an accident???

. . . but on the other hand, I really don’t see any other workable way around the problem.

What exactly is "the problem" here?

For instance, I think that were police to be barred from using DWI checkpoints, I think that police would be much more inclined to stop drivers for trivial violations -- especially on Friday or Saturday nights, say -- which would increase costs for the rest of society. Clearly these would be "sham" stops, and I’m not sure that’s better policy. Do you?

Why would the police need to do anything at all? In most metro areas there are enough incompetent drivers to keep any police force busy pulling people over for legitimate offenses and writing them tickets all day long.