Drivers License Check Points?

  •  June 30, 2005

I’ve heard of sobriety check points, but this seems a bit ridiculous.

Nashville, Tennessee — Highway enforcement efforts for the Independence Day weekend will focus on saving the lives of travelers. The Tennessee Highway Patrol will concentrate on stopping violations that are contributing factors in fatal crashes as part of its “Stay Alive in ’05″ campaign. Those offenses include speeding, drunk driving and distracted driving.
Department of Safety Commissioner Fred Phillips said, “We’re working to reduce highway deaths in Tennessee by 10 percent by 2009. We will ticket any driver we see whose unlawful actions increase the chances of a fatal crash.”
“Stay Alive in ’05″ activities include sobriety checkpoints and driver license checkpoints in all 95 counties. “By finding dangerous drivers before they cause a crash, we lessen the chances of fatalities on Tennessee roads,” said Tennessee Highway Patrol Colonel Lynn Pitts.

Here’s the fourth amendment to our nation’s Constitution:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Now tell me how stopping and inspecting a person who is otherwise traveling in a perfectly legal manner down a public road because they might be doing something wrong doesn’t violate that amendment.

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  • http://shortdaddy.com/ Chris

    I’d believe it about a driver with ND plates being pulled over in GA. But, that’s the case all across the country. Cops will often target out of state plates knowing that they’re more likely to just pay the fine since it’s cheaper then contesting it. This is especially the case since most states that I know about don’t add/remove points from a license on most traffic violations in another state unless the fine isn’t paid.

  • Concerned Patriot

    I live in Tennessee, and I’m well acquainted with our State Gestappo who shoot family pets and search people at random. I remember a few years ago the Roane County Sheriff was setting up roadblocks on interstate 40 and searching everyone, and got away with it. A judge ruled that he had the right. The fascists of all varieties have been working hard to kill the Constitution for a long time now, and they’ve almost got it done. We need to have a mass political uprising soon, or the only thing that will be able to fix it will be a mass armed uprising.

  • mellb

    What Steve Sturm said.
    Also, the case referred to by Aardvark was referring to pulling a single vehicle over solely for a license check w/no other violation involved. The Court ruled that a license check was legal when all vehicles were stopped-as in road block-or when a specific pattern was involved, ie: every 3rd vehicle, 5th vehicle, etc. The Court has also affirmed that driving is a privilege, not a right.

  • LoadTheMule

    Either Clancy is being sarcastic (possible), or he’s an idiot (also possible).

    The popular myth about Deep South speed traps, in this day and age anyway, is simply that.

    Regards…

  • http://vark.blogspot.com/ arbitrary aardvark

    Sec. 7. Unreasonable searches and seizures – General warrants.

    That the people shall be secure in their persons, houses, papers and possessions, from unreasonable searches and seizures; and that general warrants, whereby an officer may be commanded to search suspected places, without evidence of the fact committed, or to seize any person or persons not named, whose offences are not particularly described and supported by evidence, are dangerous to liberty and ought not to be granted.

    Get a lawyer. “Papers please” roadblocks violate the state constitution. My roommate, joell palmer, was stopped at a checkpoint in Indy, so they could see if he was driving while black, driving while bearing arms, or in his case driving while being a hippie. He sued, the Supreme Court found in his favor in Indianapolis v Edmonds.

  • http://thoughtsonline.blogspot.com/ steve sturm

    I may be missing your point, but I assume that you’re objecting to the roadside checks of driver’s licenses…

    What is wrong with the state taking action to ensure that only people who are properly licensed are indeed using the roads? If, as I was taught way back in school, driving is not a right, but a privilege, then, aside from the inconvenience, it seems that the state is free to conduct such checks.

  • http://sayanythingblog.com/2005/07/08/more-where-are-your-papers-nonsense/ Say Anything » More &#82

    &heellip; Right. Like I said before, who cares about the fourth amendment? Just so long as we can up drunk driving arrests. &heellip;

  • http://sayanythingblog.com/ likwidshoe

    Think you have 4th Amendment rights? Paraphrasing Jeff Foxworthy , you mighy be a liberal.

    Do you even understand that case WOOF? If you do, then perhaps you could explain how and why you believe that it violates the 4th Amendment and why you allude to that case ruling to be the case de facto in the loss of the 4th Amendment.. I eagerly await your answer. I’m only hoping that it isn’t your normal hard to read sentence fragments. I’m also hoping that this comment is in your own words.

  • http://jaboobie.com/cgi/wp jaboobie

    What do you have to do to get a license pass a test, run a few slaloms, park within a foot of a curb?

    Does that mean you’re a good driver? No.

    So what safety check is it to stop people and check?

  • WOOF

    Think you have 4th Amendment rights? Paraphrasing Jeff Foxworthy , you mighy be a liberal.
    The 4th Amendment is long gone. Commit a traffic infraction and the police have the right to arrest you , search you, and your vehicle.
    Thank you ,Chief Justice William H. Rehnquist and Justices Antonin Scalia, Clarence Thomas , Anthony M. Kennedy and Justice Souter.
    Atwater v. City of Lago Vista, No. 99-1408. Women taken into custody for not wearing a seat belt, car searchedand towed.

  • http://www.oferrall.net/blog/ Clancy

    I’ve never lived in the Deep South, but I was under the impression that most rural jurisdictions have been stomping all over those 4th amendment rights with “license checks” for forever. And any Yankee dumb enough to cry about it will find himself in county jail for about a week or so until they can arrange a court appointment with a Boss Hogg wannabe magistrate.

  • the Whistler

    The Court also said just recently that they can kick you out of your home on a whim. I should say that Five of the Infallible Justices Disagreed with the other Four Infallible justices.

    My point is that the Supreme Court is often wrong.

  • Kris

    I experienced several of these when living in the Los Angeles area (Baldwin Park); I think they were run by the city police, though. One of my roommates got caught driving without her license on her, but she knew her DL number, so she was ok.

  • the Whistler

    I guess I have a problem with the state setting up checkpoints to see your papers. Doesn’t sound American to me.

    I also don’t agree that driving is a privilege, not a right. I don’t think the state has (or should have) the power to deny you a drivers license unless you have abused that right. There is a constitutional provision that we can travel freely isn’t there?

  • the Whistler

    Actually my brother was traveling on a local road near Savannah Georgia.

    He was following a dump truck and had many cars right behind him.

    They just happened to pull him out of the line which is strange because he had North Dakota plates. The ticket cost him $80.

    Papers please!

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