Constitutionality of DWI checkpoints?

[jman511115]

I went through 5 of them the other night. Don't drink and didn't have anything questionable in the car, but each time the officer made sure he looked at everything he could see in my truck and in the bed. I wasn't asked for ID at all. What's up with this? I'm all for keeping drunks off the roads, but that's a bit much.

 

[VictorySong]

I hate those things! I don't think they are allowed to search the car though. Was he just looking or did he open the door and look? *subscribe*

 

[black4vcobra]

As far as I know they are not allowed here in WI. I'm sure it's only a matter of time before they are adopted. Seems like we are moving more and more towards a police state when you can be stopped and checked for doing nothing wrong at all.

 

[SNCBOOM]

There is a website where users report roadblocks that are common in your state.

 

[STR8JAKT]

There is a website where users report roadblocks that are common in your state.

Link please.

 

[SNCBOOM]

I know that the ones listed in my city are correct. I also want to say that there may be an iphone app too :shrug: but it's probably only useful if people with the app go through it before you.

Road Block Registry: Registry of road blocks

 

[My Cobra]

Here in NC it is legal as long as they have cars with lights on the side of the road, We have to tell a supervisor that we are going to do a check and have more than one officer. We have DUI round ups from time to time like that. We also have a reach out program that the surrounding counties will have them as well. If you went thru 5 of them you must have been all over town.

 

[d-nice]

I dont think that thy are allowed in NY to open/enter and inspect your car. Only if they see something that is illegal (like something in the ashtray or on the floor). But I'm all for them if they help save just one life. To me its worth it.

 

[exdeath]

I dont think that thy are allowed in NY to open/enter and inspect your car. Only if they see something that is illegal (like something in the ashtray or on the floor). But I'm all for them if they help save just one life. To me its worth it.

Safety is never a substitute for liberty. Thousands+ died to ensure liberty, and now we take away that liberty from 300 million who didn't do anything just to *POTENTIALLY* save 1 life that will be lost when another drunk driver who didn't hit the checkpoint hits him 5 minutes later.

People who are fanatical about DWI are just upset that there is nobody to make pay for the crime when the drunk driver also dies, so it's taken out on society preemptively.

The true price of liberty is that you CAN'T police everyone all the time or assume everyone is a bad guy* just to catch the few that are, and attempting to do so violates the very liberty that which you have laws and government to protect in the first place. There will always be a few rotten eggs that have the initiative to cause harm to others before they can be stopped. Fact of the matter is in a society that values individual freedom, you aren't a bad guy until you actually do something bad, and by then it's too late. Having laws which try to stop things before they happen and treat everyone as guilty until proven innocent are counter productive to the one true purpose of government.

On the other hand, being safe in your vehicle from drunk drivers is a right afforded to you by YOUR OWN individual liberty, which the government has an obligation to provide for. However, the balance between protecting your liberty (right to be safe from drink drivers) and that of those who may or may not pose a threat to you (all drivers who are not drunk but treated and suspected as if), often tends to bias on the side of incriminating as many people as possible preemptively and doing more harm than good, even if it's with good intention.

*I don't use the term criminal because all one needs to be a criminal is to commit a crime, a crime which is defined as such due to a law prohibiting it, a law which may or may not be valid to begin with when it violates the rights of the innocent. And by rights I mean all natural rights that supercede all government, law, and any constitution. If ice cream cones are illegal and I have one I am a criminal, but not a bad guy. Whether someone is a criminal or not depends on whether you agree or disagree with that particular law.

 

[exdeath]

PS: If you don't agree with my above post, and feel that any sacrifice, inconvenience, nuisance, and loss of liberty is worth it to save just 1 life...

Then why aren't you campaigning for 5 mph national speed limits?

Or could it be that there are many things in our day to day lives that we accept that the freedom and convenience IS in fact more important than the safety risk and that 1 life? Freedom and mere convenience that is not more important than just 1 life but, 50,000+ lives every year so you can get to work 15 minutes faster?

You don't care about the inconvenience and intrusion of liberty on 300,000,000 people to potentially save 1 life, but you're ok with 50,000+ lives lost so you can shave an hour off your day?

 

[Lawfficer]

As far as I know they are not allowed here in WI. I'm sure it's only a matter of time before they are adopted. Seems like we are moving more and more towards a police state when you can be stopped and checked for doing nothing wrong at all.

They are statutorly prohibited in Wisconsin. There are no realistic plans to make them legal, due to the Massive and powerful Tavern Leaugues.

There is a reason that a frist offense in WI is not even a misdemeanor, it's only a freaking traffic forfeiture.

 

[03Black]

its just another way for the state to make money since they have no money. when it all comes down to it its all about money. all that safety stuff is a cover up.

 

[94Gt5.0]

They are there to catch drunks, but they can also get you for traffic infractions such as lights, front plate, exhaust etc etc. The reason they look into your car is b/c they can legally search the area if reasonable suspicion, or probable cause is found(ie. a gun/knife on the floor, bag of pot on in the cupholder etc).

 

[FordSVTFan]

its just another way for the state to make money since they have no money. when it all comes down to it its all about money. all that safety stuff is a cover up.

DUI stops are about money? You are seriously deluded.

 

[My Cobra]

Safety is never a substitute for liberty. Thousands+ died to ensure liberty, and now we take away that liberty from 300 million who didn't do anything just to *POTENTIALLY* save 1 life that will be lost when another drunk driver who didn't hit the checkpoint hits him 5 minutes later.

People who are fanatical about DWI are just upset that there is nobody to make pay for the crime when the drunk driver also dies, so it's taken out on society preemptively.

The true price of liberty is that you CAN'T police everyone all the time or assume everyone is a bad guy* just to catch the few that are, and attempting to do so violates the very liberty that which you have laws and government to protect in the first place. There will always be a few rotten eggs that have the initiative to cause harm to others before they can be stopped. Fact of the matter is in a society that values individual freedom, you aren't a bad guy until you actually do something bad, and by then it's too late. Having laws which try to stop things before they happen and treat everyone as guilty until proven innocent are counter productive to the one true purpose of government.

On the other hand, being safe in your vehicle from drunk drivers is a right afforded to you by YOUR OWN individual liberty, which the government has an obligation to provide for. However, the balance between protecting your liberty (right to be safe from drink drivers) and that of those who may or may not pose a threat to you (all drivers who are not drunk but treated and suspected as if), often tends to bias on the side of incriminating as many people as possible preemptively and doing more harm than good, even if it's with good intention.

*I don't use the term criminal because all one needs to be a criminal is to commit a crime, a crime which is defined as such due to a law prohibiting it, a law which may or may not be valid to begin with when it violates the rights of the innocent. And by rights I mean all natural rights that supercede all government, law, and any constitution. If ice cream cones are illegal and I have one I am a criminal, but not a bad guy. Whether someone is a criminal or not depends on whether you agree or disagree with that particular law.

I was told when i was little that you lock your doors to keep an honest man honest. If there were no LEO's people would have no reason to follow the law. I understand what you are saying but think you are not looking at the whole picture. The chances of somebody turning to a criminal when they break a law is a lot higher if there is no punishment if caught.

 

[Iceman II]

its just another way for the state to make money since they have no money. when it all comes down to it its all about money. all that safety stuff is a cover up.

Isn't it just amazing how folks just throw their money away and give it to the state, county, city or whatever the case may be. Folks have been doing it for years and will continue to do it. No cover up is needed! You seriously need to snap out of it!!

 

[TERMIN8TR]

DUI stops are about money? You are seriously deluded.

They absolutely 100% are about money.

Example:

I have a very good friend that owns his own construction company. One day last summer he was driving home from a job he has been working on for several months.
He was pulled over by local law enforcement and when the cop walked up to his car, after asking for the dl and registration etc...he asked my friend to get out of his car since he said he smelled alcohol. My friend admitted he had a few beers earlier that day at a late lunch, he's not much of a drinker for the record.
The cop started to adminster the drunk test, touch your nose, etc...when another cop rolled up and said "hey we gotta go we have another cal, blah, blah, blah"
The cop now smacked his drivers license & registration back into my buddy's chest and said "get out of here".
So you tell me, if a DUI stop is really about safety, why would you let one loose?

 

[jman511115]

They are there to catch drunks, but they can also get you for traffic infractions such as lights, front plate, exhaust etc etc. The reason they look into your car is b/c they can legally search the area if reasonable suspicion, or probable cause is found(ie. a gun/knife on the floor, bag of pot on in the cupholder etc).

I'm aware of that, that's why I mentioned that I didn't have anything illegal in plain sight. They can't search the vehicle unless they see something that would arouse suspicion. What I'm asking is how are they allowed to stop every driver on that road regardless of if they have reason to or not, that seems unconstitutional. Then if they did see something in the back of my truck or through my windows that may or may not be legal, they'd have a reason to detain me and search, even though up until that point I'd done nothing wrong and comitted no traffic violations.

 

[Ls1z28-00]

I'm aware of that, that's why I mentioned that I didn't have anything illegal in plain sight. They can't search the vehicle unless they see something that would arouse suspicion. What I'm asking is how are they allowed to stop every driver on that road regardless of if they have reason to or not, that seems unconstitutional. Then if they did see something in the back of my truck or through my windows that may or may not be legal, they'd have a reason to detain me and search, even though up until that point I'd done nothing wrong and comitted no traffic violations.

a lot of things are unconstitutional, the fact is they can and will do what ever the hell they want even if it does violate the constitution. A government with no government is a hell of a problem. I dont remember voting on issues that the government spends trillions of dollars on, but it sure happened. get used to very strict traffic laws or anything else that creates revenue for the local and state goverments, they have to fund all that money they spend somehow.

 

[My Cobra]

They absolutely 100% are about money.

Example:

I have a very good friend that owns his own construction company. One day last summer he was driving home from a job he has been working on for several months.
He was pulled over by local law enforcement and when the cop walked up to his car, after asking for the dl and registration etc...he asked my friend to get out of his car since he said he smelled alcohol. My friend admitted he had a few beers earlier that day at a late lunch, he's not much of a drinker for the record.
The cop started to adminster the drunk test, touch your nose, etc...when another cop rolled up and said "hey we gotta go we have another cal, blah, blah, blah"
The cop now smacked his drivers license & registration back into my buddy's chest and said "get out of here".
So you tell me, if a DUI stop is really about safety, why would you let one loose?

If it was really about the money don't you think the LEO would have wrote a citation for what he pulled your buddy over for before he noticed the smell of alcohol? You say that he started the "Drunk test" then another cop came by and said they had a high priority call then left the scene of the DWI stop. The officer could have known by then what the level of impairment was. I don't see a problem with what happened. I would hope that if i was getting shot at behind my patrol car and my back up was in this case they would help me instead of writing a citation.