Deeko
Lifer
- Jun 16, 2000
- 30,215
- 11
- 81
I went through one of these Friday night. I dunno, from the very brief conversation I had with the officer, unless I was stumblingly blacked out drunk, I don't know that he could have really known if I was drunk or not. I did notice there was a cop on the other side, checking each car's plates and inspection stickers...what does that have to do with keeping the public safe from a DUI? Felt like a revenue generator and/or scare tactic to me, the cop basically just said "this is a DUI checkpoint, here is a pamphlet on DUI in pennsylvania, have a nice night".
Entrapment.
Cops know where all the bars are all they have to do is sit there at closing time and follow you out onto the road.
Cops know where all the bars are all they have to do is sit there at closing time and follow you out onto the road.
BoomerD
No Lifer
- Feb 26, 2006
- 62,844
- 11,257
- 136
In jurisprudence, entrapment is a legal defense by which a defendant may argue that he or she should not be held criminally liable for actions which broke the law, because he/she was induced (or entrapped) by the police to commit those acts. For the defense to be successful, the defendant must demonstrate that the police induced an otherwise unwilling person to commit a crime.
Wrong.
The SCOTUS says it's *legal*. Rehnquist said it himself that since they consider it such a minor violation of constitutional rights, that it's permissible for the states to do it.
A minor violation is still a violation. The SCOTUS is just giving states permission to violate it.
moshquerade
No Lifer
- Nov 1, 2001
- 61,713
- 12
- 56
really, you make yourself look stupid by saying, "entrapment". no one put the bottle to your lips except yourself.
Linflas
Lifer
- Jan 30, 2001
- 15,395
- 78
- 91
I love the SCOTUS says it is legal so it must be ok response. By that logic slavery was OK, Jim Crow laws were OK, separate but equal was OK. Read Rehnquist's opinion and what you will see is a so called "strict constructionist" proving that he is not immune to the passions of the day when rendering a decision.
If I came off as a person who thinks just because something is legal it's ok, that wasn't my intention.
I was merely pointing out that it is legal, but does indeed violate your rights.
oogabooga
Diamond Member
- Jan 14, 2003
- 7,806
- 3
- 81
if driving was a right and not a privilege this might be different. I'm sure the founding fathers would recognize that and agree there is a small difference between a dui checkpoint while you are exercising a privilege you've acknowledged is a privilage vs having your home seized and searched without cause. But I'm not a lawyer and I haven't studied this very much so what do I know.
That said : I don't care either way. I've only been through one, it took less then 2 minutes of my time, they had a sign that says "roll down your window" and the officer just asked how I was doing that evening, I said fine, they asked If i had been drinking, I said no, they apologized for the inconvenience and then let me go.
Granted had the experience been different (IE hostile officer/longer wait) I'm sure I'd have a different opinion.
That said : I don't care either way. I've only been through one, it took less then 2 minutes of my time, they had a sign that says "roll down your window" and the officer just asked how I was doing that evening, I said fine, they asked If i had been drinking, I said no, they apologized for the inconvenience and then let me go.
Granted had the experience been different (IE hostile officer/longer wait) I'm sure I'd have a different opinion.
SarcasticDwarf
Diamond Member
- Jun 8, 2001
- 9,574
- 1
- 76
You are assuming here that just because something is a privilege you are giving up some of your basic rights. The idea with the basic rights granted in the constitution is that they can not be revoked.
BabaBooey
Lifer
- Jan 21, 2001
- 10,476
- 0
- 0
I have no problem with a DUI checkpoint as long as it is not abused like I am sure many are but overall since there are absolute fucking morons that insist on driving drunk and since we can't shoot them on the spot,they are needed.
I have nothing to hide,but there many that do so deal with it,you wanna play you ( and and who ever you involve in it) will pay for it.. eventually,trust that.
Thing I cannot understand is why you do it in the first place ....how brain dead does one have to be.....
I have nothing to hide,but there many that do so deal with it,you wanna play you ( and and who ever you involve in it) will pay for it.. eventually,trust that.
Thing I cannot understand is why you do it in the first place ....how brain dead does one have to be.....
FallenHero
Diamond Member
- Jan 2, 2006
- 5,659
- 0
- 0
Actually, he is right. You are obligated to perform any and all tests I COMMAND you to take in regards to a DUI. refusal to do so revokes your driving privilege. Checkpoints have been upheld by the supreme court as long as they meet certain guidelines. The combination of a checkpoint along with decreased constitutional protection while driving pretty much allows me to make you get into the checkpoint.
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