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Supreme Court rejects challenge to roadblocks to find unlicensed drivers
AP | 10-15-01 | Anne Gearan

Posted on 10/15/2001 8:28:09 AM PDT by Native American Female Vet

Supreme Court rejects challenge to roadblocks to find unlicensed drivers

By Anne Gearan, Associated Press, 10/15/2001 10:58

WASHINGTON (AP) Ohio drivers lost a Supreme Court appeal Monday that asked whether police roadblocks to check for unlicensed drivers violated the Constitution's guarantee against unreasonable searches or stops.

The court, without comment, declined to hear the case of two Dayton men cited for driving without licenses in 1998.

''We're pleased with the decision,'' said Dayton city prosecutor Deirdre Logan. ''These types of checkpoints don't violate the Constitution. We intend to do more checkpoints.''

Police generally need a court warrant or a reason to suspect someone of a crime before detaining them for several minutes. But in past rulings, the nation's highest court allowed police to set up sobriety checkpoints aimed at randomly detecting drunken drivers and border roadblocks to intercept illegal immigrants.

In both instances the court found that benefits to public safety and order outweighed the inconvenience and loss of privacy suffered by motorists.

Last year, the court invalidated random checkpoints intended to catch drug criminals.

Law enforcement in and of itself is not a good enough reason to stop innocent motorists, the 6-3 majority concluded in that case, called Indianapolis v. Edmond.

The court has not ruled squarely on the question of whether catching license violations is reason enough to erect a roadblock. Licenses are checked at sobriety checkpoints, but catching drunks is the main aim.

In the Dayton case, Magus D. Orr and Andre L. Smith were ticketed in June 1998, when police ran several checkpoints throughout the city. The men claim the stops were unconstitutional because police had no particular reason to suspect one motorist over another.

''The idea that government agents may seize people at checkpoints without having any suspicion of wrongdoing it very un-American,'' lawyers for the two men wrote in asking the Supreme Court to hear the appeal.

Dayton police stopped cars according to a prearranged pattern say every 10th car or every fourth and a sign posted 100 yards away warned drivers they might be stopped.

Police asked for a license, and if the driver had none the officer ran a computer check. For most people, the stop lasted no more than two minutes, police said.

The city argued that roadblocks improved public safety by catching drivers who are more likely to pose a danger, and who would not be immediately recognizable to police any other way.

''Checkpoints allow detection of unlicensed or unqualified drivers before some intervening event, such as when an accident or injury to the public occurs,'' lawyers for the city wrote in urging the Supreme Court not to review the men's appeal.

Approximately one in eight drivers in Dayton had no valid license, and about 30 percent of traffic citations issued in the city were for license violations, the city claimed.

The Ohio Supreme Court unanimously upheld the roadblocks in May.

The case is Orr v. Ohio, 01-253.


TOPICS: Extended News; Government; News/Current Events
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1 posted on 10/15/2001 8:28:09 AM PDT by Native American Female Vet
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To: Native American Female Vet
Let's save time and go right to methodical house to house searches. If you're not doing anything wrong, you won't mind the police looking in your closets and under your beds.

right?
2 posted on 10/15/2001 8:33:14 AM PDT by Garrisson Lee
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To: Native American Female Vet
I'd like to see the statistics that show this program has increased safety since its inception.
3 posted on 10/15/2001 8:46:59 AM PDT by joeyman
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To: Native American Female Vet
Ohio drivers lost a Supreme Court appeal Monday that asked whether police roadblocks to check for unlicensed drivers violated the Constitution's guarantee against unreasonable searches or stops.

As usual, SCOTUS shows it is illiterate. If it could read plain English, it would see that not only must a search not be unreasonable, but it must have probable cause that provides justification for a warrant.

Amendment IV: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

In both instances the court found that benefits to public safety and order outweighed the inconvenience and loss of privacy suffered by motorists.

The balance between public safely and liberty was settled the moment the 4th Amendment was ratified. It is not SCOTUS job, not do they have authority to rewrite amendments to their own liking. Their only legitimate authority is to strike down laws that violate them. In rewriting amendments to its own liking, SCOTUS is acting like a second legislature, uninhibited by constitutional restraints, rather than a constitutional filer.

What we are seeing in this decision, and nearly all others, is a destruction of the separation of powers that define the Constitution.

4 posted on 10/15/2001 8:50:20 AM PDT by freeeee
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To: Garrisson Lee
Why not? Why not have house to house searches? If we are going that far, why have trials? The police see you doing something wrong, they should take you straight to jail. Right?
5 posted on 10/15/2001 8:51:08 AM PDT by Liberal Classic
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To: Native American Female Vet
In both instances the court found that benefits to public safety and order outweighed the inconvenience and loss of privacy suffered by motorists.

The court is not an agency to find out about probabilities or amounts of privacy sufferance. That is a job for the law makers. The court needs to learn that liberty is to be protected with life.

6 posted on 10/15/2001 8:53:01 AM PDT by lavaroise
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To: Garrisson Lee
In both instances the court found that benefits to public safety and order outweighed the inconvenience and loss of privacy suffered by motorists.

Just theory, no proof, a bunch of worthless theory.

7 posted on 10/15/2001 8:53:37 AM PDT by lavaroise
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To: freeeee
As usual, SCOTUS shows it is illiterate. If it could read plain English, it would see that not only must a search not be unreasonable, but it must have probable cause that provides justification for a warrant.

America has not respected the Consitution since the 1930's.

8 posted on 10/15/2001 8:54:17 AM PDT by Lazamataz
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To: Liberal Classic
Wait a minute. Why don't we just put everyone in the camps to start with, and every once in a while, let someone out as an inspiration to the others to be good little sheep.
9 posted on 10/15/2001 8:56:29 AM PDT by Garrisson Lee
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To: Garrisson Lee
Let's save time and go right to methodical house to house searches. If you're not doing anything wrong, you won't mind the police looking in your closets and under your beds.

As long as they only did it say every 6 months why not? What are you hiding a PCP lab or something? I can always spot you drug addled libertarians. Remember: Dayton city prosecutor Deirdre Logan says, "These types of checkpoints don't violate the Constitution." She's in the government so she should know - I think they take a class or something. We're only protected from unreasonable searchs and those will always be exactly what the guys with guns courts say they are.
10 posted on 10/15/2001 8:58:02 AM PDT by dieBartdie
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To: Native American Female Vet
May the searchers, and their supporters in the "High Court" go to hell for their perversion of the Constitution. May God Damn all who ignore their oath to "Uphold and Protect the Constitution"

I hope my opinion is clear on this matter.

You take care, and best regards.

J.R.

11 posted on 10/15/2001 9:10:12 AM PDT by NMC EXP
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Comment #12 Removed by Moderator

To: Native American Female Vet
Well, after briefly putting the 4th Amendment back on life support (with the case where they said detecting lamps used to grow pot was an illegal search), the Supreme Court pulls the plug on the respirator. Disgusting.

Does anyone have a breakdown on what the vote was? I'd like to know who the traitors are, and I have a feeling that I'll be disappointed with some 'conservative' justices.

13 posted on 10/15/2001 9:18:37 AM PDT by freedomcrusader
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To: dieBartdie
His Flatulence, Mike Dukakis, former Dictator of the People's Republic of Massachussetts, tried to create a task force to inspect people's kitchens, for fear they might have both ammonia and bleach.I guess they would have dragged them into the street and executed them. Hey, it was for the children.
14 posted on 10/15/2001 9:20:07 AM PDT by Garrisson Lee
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To: Garrisson Lee
Hey, it was for the children.

LOL! Yeah, and we all know that the state is a better 'parent' anyway, so it's not like they'd be worse off without their parents. It takes a village, you know! (/sarcasm)

15 posted on 10/15/2001 9:21:45 AM PDT by freedomcrusader
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To: freeeee
I'd have to disagree with your points. The Constitution means what 9 political appointees say it means, nothing more, nothing less. And that's the way it was set up from the start. In short, we be suckers.
16 posted on 10/15/2001 9:23:10 AM PDT by Wolfie
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To: Native American Female Vet
The Supreme Court is wrong, and that's the bottom line.
17 posted on 10/15/2001 9:25:53 AM PDT by Dan from Michigan
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To: Wolfie
The Constitution means what 9 political appointees say it means, nothing more, nothing less.

Why not just have 9 Kings? It would be less misleading.

18 posted on 10/15/2001 9:47:22 AM PDT by freeeee
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To: Native American Female Vet
Welcome to the new Police State
19 posted on 10/15/2001 9:51:15 AM PDT by asneditor
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To: freeeee
Being less misleading would have been counter to the objective.

Hologram of Liberty

20 posted on 10/15/2001 9:55:35 AM PDT by Wolfie
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