Why “checkpoints’ are a violation of our 4th Amendment rights

Editor’s note:  We are presenting a three part op-ed on the Unconstitutionally of DUI checkpoints. This is part two.  Mr. Boyer is a community activist and proponent of the 4th Amendment.  We invite opposing views from all quarters, including law enforcement.

Editorial

 

 

By Bruce Boyer

Our rights as enumerated in our Bill of Rights acknowledge and affirm our right to not be subject to “unreasonable searches”. This is a key component of our 4th Amendment. It is clear, and of course repeatedly judicially affirmed, that a ‘traffic stop” is a ‘search’ and an officer must therefore have “probable cause” to make one. An officer cannot make a traffic stop without “Probable Cause”, otherwise it is arbitrary, and therefore “unreasonable”. So if you are “driving down the road” and an officer does not have “probable cause”, how does “driving down the road” where they have setup a ‘checkpoint’ give them “probable cause”? The answer, of course, is that it doesn’t. If someone suggests it does, could they then setup checkpoints on every road, at all times?

If one takes the line of thinking that checkpoints will apprehend more wrong-doers, that is most likely true. We are a nation of rights and liberties not to apprehend and punish more criminals, but to protect those who are not criminals from abuse. Without question the police could arrest more criminals if they did not need search warrants.  They could get more confessions if they were allowed to force them, and they would surely get more convictions if they were not burdened with the need to produce witnesses, deal with defense attorneys or have judges and juries interfere. Due Process is such a burden. Fortunately we are protected by our Civil Rights. If we have no rights, are we not then slaves? The mission of the Los Angeles Sheriff’s Department, like Ventura’s, , is to “defend the rights of the citizens”, so then why are they violating them?  You tell me.

Bruce Boyer is the Chief Instigator of the SonsofLibertyLA. Since 2010 they have been a “boots on the ground” Civil Rights action group. The group gets out to take action to defend our Civil Rights as free men and women. They get out to shut down checkpoints, turn the tables on ‘gun-buy-backs’; speak out at City Council meeting; get the word out at public events and more. Civil Rights are as spelled out in our Bill of Rights.

 

 Other relevant CJ material:

https://citizensjournal.us/why-dui-checkpoints-are-not-cost-effective-or-necessary-to-remove-drunk-drivers/

https://citizensjournal.us/dui-checkpoints-triumph-for-public-safety-or-war-on-the-u-s-constitution/

https://citizensjournal.us/on-dui-an-attorneys-view/

There are also dozens of police dept. DUI bulletins on this site.

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