Are DUI Checkpoints a Scam?

Police have been getting alot of press lately with the recent incidents in Ferguson, Baltimore, and other cities across the United States. There is no doubt that every civil society must have a police force to investigate crimes and catch criminals and keep streets safe for everyone But what happens when the Constitutional rights of law-abiding citizens are blatantly infringed upon by the same police force that is there to “protect and serve”?

DUI checkpoints have become commonplace across the country for rooting out the drunk drivers that make our roads a dangerous place for those that follow the law and do not drink and drive. But do these DUI checkpoints go too far in their attempt to catch DUI offenders?

In 1990, the U.S. Supreme Court determined that, despite their “intrusion on individual liberties,” being stopped in a DUI checkpoint does not violate a person’s Fourth Amendment’s protection from unreasonable searches and seizures. Not all states implement DUI checkpoints as a matter of course, but many do.

Michigan’s courts ruled in favor of drivers who called foul on DUI checkpoints, but the federal courts did not agree. In a split ruling, the federal court overruled the Michigan Court’s decision and determined that DUI checkpoints were, indeed, legal under federal law. Despite finding that roadblocks did meet the Fourth Amendment’s definition of an unreasonable seizure, the court found that, due to the threat a drunk driver imposes on other motorists, they were a necessary means of protection.

Even with this Supreme Court ruling, many drivers continue to challenge the legality of DUI checkpoints. Youtube is littered with videos that involved drivers exercising what they believe to be their Constitutional rights as a U.S. citizen.

So the question persists: are DUI checkpoints unconstitutional? And if local and state law enforcement agencies receive federal funds for the implementation of DUI checkpoints, are they monetarily incentivized to set up roadblocks and DUI checkpoints making them nothing more than a money-making scam?

Watch the video below and you decide whether you believe that DUI checkpoints have gone way too far in violating the rights of law-abiding citizens. (Note that this individual was released without question soon after the officers realized their actions were on video)

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3 Comments

  • […] DUI checkpoints have become commonplace across the country for rooting out the drunk drivers that make our roads a dangerous place for those that follow the law and do not drink and drive. But do these DUI checkpoints go too far in their attempt to catch DUI offenders?  […]

  • […] Police have been getting alot of press lately with the recent incidents in Ferguson, Baltimore, and other cities across the United States. There is no doubt that every civil society must have a police force to investigate crimes and catch criminals and keep streets safe for everyone But what happens when the Constitutional rights of law-abiding citizens are blatantly infringed upon by the same police force that is there to protect and serve ? DUI checkpoints have become commonplace across the country for rooting out the drunk drivers that make our roads a dangerous place for those that follow the law and do not drink and drive. But do these DUI checkpoints go too far in their attempt to catch DUI offenders? In 1990, the U.S. Supreme Court determined that, despite their “intrusion on individual liberties,” being stopped in a DUI checkpoint does not violate a person’s Fourth Amendment’s protection from unreasonable searches and seizures. Not all states implement DUI checkpoints http://duiattorneyingrandrapids.com/are-dui-checkpoints-a-scam/ […]

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