Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: mkjessup

I think technically, legally, what they want to do is legal, if they stop every car. That’s the idea behind driver check points to check for drunk drivers. At those checkpoints they check every car. I think there have been court cases on this very subject; maybe someone here knows better. But I’ve heard that justification that if everyone is stopped, nobody can say they were singled out.

Not that I think it’s a good idea to be checking everyone. The police are then not allowed to use their common sense or instincts about people or activities that appear suspicious. It’s the same concept as airport security, where an old lady in a walker or wheelchair is considered to be the same level of threat as a foreign visitor from a middle eastern country. Resources are wasted if we have to consider everyone an equal threat and when profiling based on known risk factors is not allowed.


14 posted on 06/05/2008 1:11:46 PM PDT by Dilbert San Diego
[ Post Reply | Private Reply | To 5 | View Replies ]


To: Dilbert San Diego

Hey Dilbert, I believe you are correct on that whole “stop every car” concept in fact it occurs to me that the issue may have gone all the way to the SCOTUS where that standard was established.

So instead of “singling someone out” and violating their individual civil rights, by casting a maximum and unconditional big net over EVERY citizen on a given highway or neighborhood, EVERYBODY’s civil rights are violated, but of course that’s not the way they’ll read the law.

It’s for the CHILLLLLLLDREN, don’t they know?!?!


16 posted on 06/05/2008 1:20:19 PM PDT by mkjessup (Romania had the Ceausescus, America has the Clintons.)
[ Post Reply | Private Reply | To 14 | View Replies ]

To: Dilbert San Diego

>> I think technically, legally, what they want to do is legal, if they stop every car.

As far as *stopping* vehicles, I think you are correct. They can stop vehicles if they stop ALL of them.

But the part about asking motorists if they have a legitimate reason to pass — deciding on the fly if they like the answer — and turning away those they decide don’t warrant admission — I wonder if THAT part is legal (that is, constitutional).


22 posted on 06/05/2008 1:36:01 PM PDT by Nervous Tick (I've left Cynical City... bound for Jaded.)
[ Post Reply | Private Reply | To 14 | View Replies ]

To: Dilbert San Diego

What is the legal basis for turning a driver away, though?

You certainly aren’t obligated to answer the questions about the purpose of your visit.

You will have to ID yourself and provide proof of insurance on your car.

The correct answer about what you are traveling there for is “None of your business.”, for which they will likely turn you away. That can’t be legal.


23 posted on 06/05/2008 1:40:28 PM PDT by ltc8k6
[ Post Reply | Private Reply | To 14 | View Replies ]

To: Dilbert San Diego
Drunk stops are also unConstitutional. Using weasel words and "it's for the children" may get courts let it happen but it doesn't make it right.

I long for the days when American would march against the law makers and make them pay for such treason.

How long do you think it will be until neighborhood lockdowns with house by house searches come into play?

32 posted on 06/05/2008 2:14:22 PM PDT by NativeSon (off the Rez without a pass...)
[ Post Reply | Private Reply | To 14 | View Replies ]

To: Dilbert San Diego
I think technically, legally, what they want to do is legal, if they stop every car.

How many legs would a horse have, if you call a tail a leg?

Where does the Constitution say that it's the Supreme Law of the Land, "except when the Supreme Court declares otherwise?"

36 posted on 06/05/2008 6:05:48 PM PDT by supercat
[ Post Reply | Private Reply | To 14 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson