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The Range
Law & Order
Unconstitutional but for the better good?
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<blockquote data-quote="colb" data-source="post: 2659171" data-attributes="member: 35308"><p>DUI checkpoints are legal and allowed within the confines of the Constitution (or so says the SCOTUS), so long as the performing officers uphold their end by recognizing the rights of citizens who decline to participate. </p><p></p><p>They are allowed to ask anything they want. There is nothing unconstitutional about an officer asking questions. The citizen has the right to decline to answer questions and go on his way, assuming there isn't evidence of illegal activity in plain view of the officer. In theory, this would be fine and dandy with me. Don't answer questions, go about your business. </p><p></p><p>However, because of the Supreme Court ruling, there are a few LEO's who have mistaken that as a green light to violate any rights they wish, as long as it's during a checkpoint. "Well supreme Court ruled these checkpoints are okay, so get out of your car so I can search it!" </p><p></p><p>In my limited experience with checkpoints, they have all been nice and respectful.</p></blockquote><p></p>
[QUOTE="colb, post: 2659171, member: 35308"] DUI checkpoints are legal and allowed within the confines of the Constitution (or so says the SCOTUS), so long as the performing officers uphold their end by recognizing the rights of citizens who decline to participate. They are allowed to ask anything they want. There is nothing unconstitutional about an officer asking questions. The citizen has the right to decline to answer questions and go on his way, assuming there isn't evidence of illegal activity in plain view of the officer. In theory, this would be fine and dandy with me. Don't answer questions, go about your business. However, because of the Supreme Court ruling, there are a few LEO's who have mistaken that as a green light to violate any rights they wish, as long as it's during a checkpoint. "Well supreme Court ruled these checkpoints are okay, so get out of your car so I can search it!" In my limited experience with checkpoints, they have all been nice and respectful. [/QUOTE]
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