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? asked in Politics & GovernmentLaw & Ethics · 8 years ago

Are DUI checkpoints constitutional?

I was driving home last night after work and the police pulled me and everyone else on the road over without having committed any crimes, asking me if i had been drinking or not. i thought this was weird. In order to be stopped by the police dont police have to have reason to believe a crime is being committed? he forced me to answer his question, isnt that against the 5th amendment? how is this constitutional?

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  • Favorite Answer

    No, but Americans have become obedient little sheep while they continue on their quest for safety so the cops get off on the whole thing.

    Source(s): Libertarian
  • 5 years ago

    1

    Source(s): Criminal Record Search Database - http://criminalrecords.raiwi.com/?uood
  • ?
    Lv 7
    8 years ago

    The Supreme Court has ruled that....yes, they are constitutional.

    ------

    I know you'll love this one: I'm Down Under, heading back to Melbourne from Numurkah at 10 AM on a nice Sunday morning when...I run into a DUI check! Ten cars at a time are being pulled over so their drivers can be Breathalyzed by ten not-particularly-nice police officers. I passed with a 0%! lol Had my bud take a photo of me blowing on the device - still pull it up every once in awhile for laughs.

    BTW, all the bars in the area used coasters with the following on them:

    Front Side: Try not to lose track of your glasses. (See Over)

    Back Side: Keeping track of how many alcoholic drinks you have is important. Men should avoid having more than 6 and women more than 4 standard drinks on any one day. Here are some examples of how many standard drinks are actually in what you're drinking:

    --- Images of a 1 oz. of whiskey, 7 oz. of wine, and 12 oz. of beer ---

    Of course, the funny part was the number of drinks the Aussies think you should be able to drink each day. The nannies here in the States would have a heart attack if they came across coasters like those when out and about drinking their fancy drinks. lol

  • 5 years ago

    I in my view believe ANY kind of checkpoint besides in shopping in an emergency for a fugitive recognized to be in the imediate field similar to a financial institution robbery a few minutes ago or to try to manage a communicable disorder or in case a WMD is suspected are unlawful and unconstitutional. Nevertheless DUI and different checkpoints had been appealed up to the heavens and the decision given was that they have been legal.

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  • 8 years ago

    The court basically reasoned for public safety, dui check points are legal under certain fact patterns

    But at the same time the court has found a check point for drugs is not constitutional, since there is no immediate threat to public safety, if someone is transporting illegal drugs

    So what some jurisdiction do, is to post a sign claiming drug stop ahead, this sign is usually right before an exit to the highway, and anyone who exits is subject to suspicion and maybe stop

  • 8 years ago

    As long as they are reasonable and random, the checkpoints are not a violation of the 4th Amendment.

    He didn't force you to answer the question. He asked you the question and you answered it. If they took you into custody than they would have to advise you that you had the right not to answer. If they fail to advise you of that, anything you say would not be able to be used against you in Court. But if you aren't in custody, that doesn't apply. You didn't have to answer the question, but they didn't have to tell you that. You were within your rights legally to turn the car around and go the other way. If they wanted to detain you to investigate further, that would require reasonable suspicion and if they wanted to search you or subject you to a sobriety test, that would require probably cause. But just to pull you over at a check point, that they can do legally without any particular suspicion as long as it is random and you weren't being specifically targeted.

  • wizjp
    Lv 7
    8 years ago

    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.

  • ?
    Lv 7
    8 years ago

    it violates the FOURTH amendment.

    Amendment IV (4): Search and arrest warrants

    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.

  • Greg
    Lv 7
    8 years ago

    Yes. They are constitutional.

    As long as they pull over cars in a uniform, non-discriminatory way.

    That might mean every car, might be every other car...... but if it is uniformly done.... it's legal.

    Source(s): Michigan Dept. of State Police v. Sitz (1990)
  • John
    Lv 7
    8 years ago

    You'll never stop cops from using them.

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