Police Checkpoints are inherently illegal,so how did the SCOTUS (Supreme Court of the US) deem them legal?

Question

How can a police agency set up a safety checkpoint and stop all vehicles that happen to be passing through that area?

The US Constitution protects Americans from unlawful search, and a recent Supreme Court decision held that a person walking down the street does not have to tell the police his or her name as long as they are not reasonably suspected of something.

So how does it follow that a governmental agency, being the police force, can stop a lawfully travelling vehicle at a random checkpoint, witout any cause or suspicion?

I believe the Supreme Court has decided that these checkpoints are legal, but I would like to know in layman's terms how being stopped by law enforcement when a person has committed no crime and is not reasonably suspected of anything can be legal?

Please don't tell me it is legal because the SCOTUS has ruled on it. The Supreme Court has been wrong countless times in US history... I want to know how the SCOTUS determined the legality in these cases.

Answer 1

Checkpoints are a violation of the Fourth Amendment, unless the good of the public outweighs the intrusion to the public. For instance, a murder suspect contained in a small area. They could legally check cars leaving that area.



I have seen a checkpoint that was deemed legal in Florida. Police posted a sign "Drug Checkpoint One Mile Ahead", the police did not man the checkpoint, they watched the sign. If a car did a U-turn, the stopped it. The court ruled the evasive actions of the driver gave the police reasonable suspicion to investigate further. You do have a lesser expectation of privacy in your vehicle, making a warrantless search easier, see Carroll vs. United States.

Answer 2

1

Answer 3

It is quite complicated, but in layman's terms:



Having a random checkpoint for no reason is illegal. Having a checkpoint at a certain time and place, where there is some grounds to believe that illegal activity may be going on, is legal. For example, having an immigration checkpoint at the border is legal. Having it in Kansas is not. Similarly, having a DUI checkpoint at an intersection outside a bar is legal. Having it at some other place is not.



The test established by SCOTUS is whether the benefit to the public safety outweighs the intrusion of privacy. In constitutional terms, "unreasonable search and seizure" is prohibited. So the police need enough justification to make the search "reasonable".

Answer 4

They don't search your car when stopped at a checkpoint unless they see something or smell something that gives them a reason to search. Even then, they ask your permission. Denying permission will mean being detained until a dog or higher ranking officer arrives. You give up many rights when you get a drivers license. It can be checked at any time you are driving a vehicle. Earlier comment about fishing, in Florida, you can fish without a license as long as you are not using a reel on the pole. State law says they cannot deny you food.

Answer 5

Go to your local Motor Vehicle dept and get a copy of their big gigantic book of the Vehicle Code. California sells them for about $3.00 . You will find buried in there a law that says that by accepting a driver's license and vehicle registration you willingly and gladly and continually gleefully allow yourself to be stopped whenever.. Sad, but true. There are crazy, wacko, so called "Patriot" organizations, who are not so crazy and wacko who claim that people have the "right to travel" and that people have always "traveled" in the most modern conveyance of the day..horse, buggy, car..flying saucer, without government regulation. Conceivably, a person could be denied his religious freedom if his church is in another town and the guy doesn't have a license or registration. A "funny" one. Check out the California Constitution, it states that the people shall have the "right" to fish. Ask any game warden and he will tell you that you have the right when you buy the license. The other side of the argument is that there are a bunch of drunks out there and that I would change my tune if I got hit by one and half my family got killed.

Answer 6

One argument is that a compelling state interest exists and renders your objections (and mine) moot. For example, drunk driving checkpoints are held to be constitutional because the state interest in stopping injuries and deaths resulting from accidents caused by drunk drivers outweighs the state interest in a person's right to privacy and right not to be searched. As others have mentioned, you do not have (or should not have) the same expectation of privacy in a car that you would in your home.

Answer 7

there is not any distinction. the two communities are/have been being discriminated against thoroughly unreasonably. it truly is unconstitutional (and easily unfair) to disclaim particular communities the rights granted to different equivalent communities. Likewise, to function such denial to the language of a shape would (in my unschooled opinion) fly promptly interior the face of one in each and every of those rfile it truly is designed to grant equivalent rights to all. The California splendid courtroom acted thoroughly interior its bounds by ability of excellent down an unconstitutional ban, the two in 1948 and in 2008.

Answer 8

here is how. Having a license to drive is not a right. Its a priveliage. If you remember when you were studying for your test you should have read that part where you MUST submit to a search if you are pulled over. Or loose your liscense.



So searching your car is not covered. By getting your liscense you are saying 'in exchange for me driving on the governments roads, I agree to allow them to search my car'



Technically you don't have to let them, but then you won't be allowed to drive anymore.

Answer 9

Okay, so if your mom or sister were kidnapped, you wouldn't want them to set up road blocks and search every vehicle? I have nothing to hide, so I don't care either way.

Answer 10

HI THUG BOY. CHECKPOINTS ARE LEGAL ******** WE ONLY SEARCH WHEN YOU GIVE US CONSENT OR WHEN WE HAVE PROBABLE CAUSE. DWI CHECKPOINTS KEEP YA SAFE YOU DUMMY

Answer 11

Driving is a priviledge, not a right. NUFF SAID!