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

To: Dittohead68
I really feel there is a need to begin setting up checkpoints to stop drug smugglers. They would be random, but some states have to do something because it's getting to be a major problem, and it's killing a lot of innocent people. Besides, if you're not smuggling drugs, you won't have anything to worry about.

For years the State of Mo and the DEA have run a drug stop on I44 in a remote unpopulated area. They don't actually set up on the interstate, but put up a sign stating that there is a drug checkpoint ahead. Drug runners see the sign and jump off on the next exit, where the cops are set up. At this point you have an out of state vehicle exiting the interstate for no apparent reason (there is absolutely nothing at the exit except a rural road going to nowhere) which gives them probable cause to ask questions.

147 posted on 12/11/2005 5:25:16 PM PST by SCALEMAN
[ Post Reply | Private Reply | To 120 | View Replies ]


To: SCALEMAN

Yes - and each state's statutes are handled differently. In the case I was referring to, there were totally different circumstances. The stops were made randomly (every so many vehicles) and the officers would ask permission to search the vehicles. If the person was smart enough to say "no", there was a judge sitting in a parked vehicle down the road who signed warrants to search. It was blatently unconstitutional. Warrants are only valid if based on reasonable probably cause - and a random stop checkpoint did not amount to probable cause.

The courts in some states have ruled checkpoints unconstitutional, while in other states the courts have upheld checkpoints which stop the flow of traffic in both directions for license checks, informational stops, DUI's, etc. However, "general crime" enforcement reasons have been deemed unconstitutional by the Supreme Court.


149 posted on 12/11/2005 5:38:49 PM PST by Dittohead68
[ Post Reply | Private Reply | To 147 | 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