Unconstitutional but for the better good?

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CHenry

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Is this a good thing at the expense of our 4th amendment? Is it a money grab? No doubt about that question. If your a dUI lawyer, your about to get busy. This is total BS and I'll be the one videoing while I demand what probable cause they have to detain me. I'm all for people staying home if they are impaired but not at the expense of my rights. Next they will be able to "no knock" to see if you have drugs in the house.

http://www.news9.com/story/27380520/fallin-starts-new-campaign-targeting-impaired-driving

Drunk and Drugged driving crashes are one the leading causes of death in our state. Gov. Mary Fallin says there have been about 20 Oklahomans killed each month in the last five years due to impaired driving, so she gathered a team of more than 130 different agencies to address the issue.
Inside the “BAT Mobile,” or Blood Alcohol Testing vehicle, lies the latest gadgets to check drunk drivers.

“We have these PBT's, that's preliminary breath testing devices,” said Oklahoma Highway Patrol Capt. Garrett Vowell.

“And what this does is we put these tubes here on the device and we ask the subject if they're willing to take the test and then it gives us a reading to tell if we're dealing with someone impaired with alcohol or drugs.”

There are even "Alco-censored" flashlights that detect vapors in the air with the click of a button. The four new sets of wheels are part of a statewide campaign to combat impaired driving.

"We're tackling a very important issue that affects families in our state. This will bring together the resources and make a difference in saving those lives,” Fallin said.

Fallin introduced the "ENDUI" initiative at the State Capitol on Thursday morning, with the help from OHP, the Highway Safety Office, and the Department of Mental Health and Substance Abuse Services.

“We cannot simply arrest our way out of the problem. That won't solve it. That's too late,” said Terri White, Commissioner for the Department of Mental Health. “Twelve percent of our population is addicted and dependent on the substances they are using. The average age for the first drink in Oklahoma 12 years old.”

White says Oklahoma ranks fourth in the U.S. for the number of prescriptions written.

“We have more prescriptions written in Oklahoma than almost any other state in the nation for hydrocodone, oxycodone, Vicodin,” she said.

The campaign created new public service announcements calling on bars, families and even pharmacies to hold impaired drivers accountable.

The state has four of the testing vans, which are expected to be used at upcoming DUI checkpoints, major concerts, festivals, fairs and wherever alcohol is present. It's where Vowell said drivers can expect to see the new technology, including an I.D. kiosk.

“The vehicle pulls up, they hand us the driver's license, we can swipe the driver's license here, and it will show us if they're wanted, or if their license is suspended or valid,” Vowell said.

A couple of the testing vans have already hit the streets, and so far, so good.

"Just in two operations that they've been on so far, they arrested over 337 intoxicated and impaired drivers on our streets and highways here in Oklahoma," said Col. Rick Adams, Chief of OHP.
 

turkeyrun

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Big Brother is watching!

I am happy they took 300+ impaired off the road, though the number seems elevated to help sell their invasion.
They would only need to set outside of any bar or club.
This is total BS and illegal / unconstitutional.

Big Brother will argue the test was voluntary., but why was the stop made?
The flashlight sniffer could be a useful tool during a ftf encounter.

I am very mixed over random checkpoints. Yes, they do entrap those who are impaired, have warrants, no license or insurance. They are entrapment and illegal search.

What next, larger flashlight sniffers installed on roadsigns with traffic cams?

Long, slippery slope entering this 'Brave New World'.
 

DeeJay

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The U.S. Supreme Court has ruled that in the case of DUI checkpoints, our Fourth Amendment rights don't apply. That court found that the state's interest in reducing drunk driving outweighs the "minor infringement" on a driver's Constitutional rights.
(copied from a google search result)
 

CHenry

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The U.S. Supreme Court has ruled that in the case of DUI checkpoints, our Fourth Amendment rights don't apply. That court found that the state's interest in reducing drunk driving outweighs the "minor infringement" on a driver's Constitutional rights.
(copied from a google search result)
Thats interesting and I had not heard that. Got a link?
So the courts over rode the 4th amendment? And you think thats okay also?
 

DeeJay

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Thats interesting and I had not heard that. Got a link?
So the courts over rode the 4th amendment? And you think thats okay also?

No, I do not think it is okay. I think the courts job is to interpret the laws with respect to the constitution. "For the better good" is like "the will of the people", it has no place in the decision. There is a legal procedure to modify the constitution using amendments if a change is necessary "for the better good" or for "the will of the people".

Links: Type in "Are dui checkpoints legal" in your search engine.
 

CHenry

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sacrificing liberty for personal safety is no way to live.

My point exactly. And personally I think there are fewer wrecks that are actually caused by the alcohol/drug than is reported. Its automatically listed as the cause if there is an accident and one person is over the legal limit...even if the sober person was at fault otherwise. This is a money grab started by Fallon. Nothing more. There are a TON of people who are getting fat off these arrests.
 

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