DUI Check Point Constitutionality.

Last time I checked, driving on a public roadway was a privilege and not a right.

 

Thats what the goverment wants you to think.

We have freedom of travel in America. The government doesnt grant me the "privilege" of traveling from one part of the country to another. I have that RIGHT.

 

You have the freedom to travel but driving is a privilege, if it wasn't then they wouldn't be allowed to suspend licenses for dui, excessive speeding, reckless driving, and many other reasons. Driving IS a PRIVILEGE.

PS You're talking to a police officer about the law.

 

Yes, you're right. You do have the right to travel...you can hitch hike, walk, ride a bicycle and what not. DRIVING a MOTOR VEHICLE is a PRIVILEGE.

Based off the above quoted statement, I'm starting to wonder if you're a supporter of the Sovereignty Movement, where individuals create their own Driver's License, Registration Plates and such.

 

Curt, the guy is just wacked in the head and likes to make life harder for everyone including himself

 

Yes sir, I agree.....but he does have the right to free speech. However, I have the right to fire back at him. He has his opinions and I have mine. This forum is generally LE and Conservative friendly from what I've experienced. It just flames me that some people can be so ignorant and post opinions as facts.

 

teh interwebz . But I agree, people do post some stupid shit that gets me flamed up sometimes as well....

 

I can't look at your avatar with a straight face...the Smoking Fish Chicken thing is messing with my mind...

 

Sunflower is a TROLL BANNNNNN!

 

I could be wrong here but I'm thinking they don't always need your consent. I do believe the officer does needs probable cause (that can be subjective), something like smelling pot can get your car searched (without a warrant). If you are arrested your car can be searched (without a warrant). If the officer thinks there may be an illegal weapon your car may be search (without a warrant). Some of these required that only certain areas be searched I believe. If you are old enough to remember, this has not always been the case. I think the thinking was that the car is mobile and in the time it takes to get a warrant may be moved.

 

You do not need a warrant to search a vehicle.

 

An officer needs 1 of 3 things to search your persons or property a warrant, probable cause, or your permission. About the weapon comment unless he see's it he can not search for one.

 

Curt I respect you for the job you do and hope you don't consider my post as being directed to those that carry out the "laws of our land". That is not my point at all. My issue is with the elected clowns that pass the laws you have to work with...

I am an ultra, ultra conservative but I don't always think LE and conservative are always mutually interchangable.

As far as freedom of expression...it's not given or expected in any private setting, including forums.

Wait, seems that's not even true with our current leader...
http://abcnews.go.com/blogs/politic...ournalism-abroad-todays-qs-for-os-wh-2222012/

Seems reporters have been sued 6 times since 2009 and 3 times for all years prior to that....

 

Will, I'm referring to a prohibited weapon. In that case using probable cause I belive he/she can search. I was just giving examples trying to show one doesn't always have a say in rather or not your car can be searched without a warrant.

 

While I believe you should be informed in regards to what your rights are as a citizen, the issue comes in the interpretation.

The average citizen has neither the education or training in the law to understand, comprehend or apply the law in the manner in which it is accepted by the law.

These jokers you see with their video cameras out and a small piece of the law they gathered from some internet forum are ill equipped to defend themselves legally.

I'm not saying there has never been a corrupt cop or even a well intentioned cop who made a mistake out there but a checkpoint is certainly NOT the place where you want to put your internet expertise to the test.

 

I understand but if the officer can't see the weapon and you give him no reason to believe that it is there then there is no probable cause for him to search. You are correct though if a leo has reason to believe that you are doing, have done, or have anything on your person that is illegal then they may search without a warrant and without your permission.

 

In my experience, while there exists exceptions, in general, if you are not a turd, you have little to worry about. If you are a turd then F off.

 

I never said they always need your permission. If they have probable cause- like they walked up and smelled your pot, or you were dumb enough to leave your gun and bag of coke on the passenger's seat- they can search, nothing you can do about it (that's why you don't run dirty, kids!). I mean really, if you careless enough to leave it plain sight, or dumb enough to put your sticker on the back window... well there's no helping stupid, they have the right to search.

But if they have probable cause they wouldn't need to ask your permission. If they are asking your permission it's because they don't have enough evidence to have probable cause.

And similarly to the fact they won't presume you are innocent because you allow a search, they can't presume guilt because you don't allow it.

 

Not True. Permission should always be asked. Regardless of probable cause. Politeness is still a virtue with some and even if you refuse, if there is probable cause it matters little, but its all about being professional. Just because permission is asked doesn't mean "they have nothing"

 

I stand by my statement. You are discussing what they should do to be polite, I'm discussing what is legally required. They aren't required to be polite and ask to search if they have probable cause.