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Are police traffic check points/stops illegal?

My understanding is traffic violations are not crimes unless there is property damage or someone is injured. According to the constitution we are protected against unwarranted search. Detailed response please.

10 Answers

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  • 3 years ago

    1. Being stopped is not a search.

    2. Drunk driving is a crime, even if there is no injury or property damage.

  • 3 years ago

    They are illegal in 11 US states, but that does not stop the fed from getting around them with border patrol INTERNAL roadblocks. DUI roadblocks are not legal in Texas, but I have seen news articles with "safety" checks.

    Check the comments. They are some hilarious videos of motorists turning the tables on pigs.

  • ?
    Lv 6
    3 years ago

    No. Police can briefly detain you as long as they have reasonable suspicion that a law (even traffic laws) has been violated. Checkpoints in particular don't require even reasonable suspicion.

    Source(s): My bar prep materials.
  • Squid
    Lv 7
    3 years ago

    The Supreme Court ruled specifically that DUI checkpoints are legal. MICHIGAN DEPT. OF STATE POLICE v. SITZ, (1990) https://caselaw.findlaw.com/us-supreme-court/496/4...

  • 3 years ago

    You understand DEAD WRONG.

    1. ALL traffic violations are crimes.

    2. The 4th amendment prohibits UNREASONABLE, not 'unwarranted' searches and seizures.

    3. A traffic stop IS NOT a search or seizure.

  • Bruce
    Lv 7
    3 years ago

    There was no such thing as a motor vehicle when the Constitution was written. So, it comes down to the US Supreme Court s interpretation. In Carroll v. United States (1925), they determined you have a lesser expectation of privacy on a public road, so the rules are not the same as they are for crimes.

    As far as check points, those have been contested as unconstitutional. But as far as traffic stops, the standard is clear. A reasonable suspicion is enough to make a traffic stop.

  • Anonymous
    3 years ago

    here's that amendment -

    Amendment IV

    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.

    it does NOT state anything about a motor vehicle, and it DOES state about probable cause.....

    if you want to be a wise-guy when an Officer performs a traffic stop, then go ahead, but you are also asking for charges to be placed on yourself

  • 3 years ago

    A traffic violation as you put it is a crime, however minor it might be with specific punishments applied (A fine for example) You are protected against unreasonable searches and seizures in cases where the police do not have a warrant to search or do not have probable cause.

  • 3 years ago

    In many countries Police can only stop people if they have good reason to do so.

    With a car they always have a reason: they can claim your vehicle resembles a wanted example, they can claim that your driving gave them good cause, or that you resemble a wanted criminal. This is by no means an exhaustive list.

  • 3 years ago

    Police should be illegal. They use violence against the non-violent, often making things worse than they were to begin with. They can make up probable cause to search your vehicle simply by saying they smell pot.

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