Sobriety Checkpoint

[AntonLee]

my sister came across a sobriety checkpoint last evening at the end of 286 in Seabrook, near the beach.  I didn't think that the freest of free states still had these illegal stops available to them. . . but obviously. .. they do.

<<New Hampshire Supreme Court Upholds Roadblock Secrecy
New Hampshire Supreme Court ruling dispenses with advance notice requirement for DUI roadblocks.

The New Hampshire Supreme Court ruled on Friday that police may conduct suspicionless roadblocks without first offering reasonable notice to the general public. In its decision, the unanimous court reaffirmed its position that no evidence could show the police tactic was not effective.>>

I wonder if the police just shot every car that comes down the street, killing all occupants of every car.  That would be effective at stopping drunk drivers too right?  What is sick, is that if you try to go around them or turn around, they'll suspect you of drinking and pull you over anyways.   There is no winning in this situation, even if you're sober.

[error]

The police state is perfectly okay with the courts, since it means more money for them.

[Henry]

my sister came across a sobriety checkpoint last evening at the end of 286 in Seabrook, near the beach.  I didn't think that the freest of free states still had these illegal stops available to them. . . but obviously. .. they do.

<<New Hampshire Supreme Court Upholds Roadblock Secrecy
New Hampshire Supreme Court ruling dispenses with advance notice requirement for DUI roadblocks.

The New Hampshire Supreme Court ruled on Friday that police may conduct suspicionless roadblocks without first offering reasonable notice to the general public. In its decision, the unanimous court reaffirmed its position that no evidence could show the police tactic was not effective.>>

I wonder if the police just shot every car that comes down the street, killing all occupants of every car.  That would be effective at stopping drunk drivers too right?  What is sick, is that if you try to go around them or turn around, they'll suspect you of drinking and pull you over anyways.   There is no winning in this situation, even if you're sober.

Exactly. What the hell does efficacy have to do with whether something is legal or not? Apparently protecting our rights has no place in the court's decision.

[Spencer]

Rather than shooting the occupants of all cars, how about just kicking in the doors of all houses and businesses* at random then searching for drugs, guns, illegal music downloads, and bottles of aspirin without child-safety caps, then prosecuting all residents for whatever is found?  That would be an effective means of ensuring that "criminals" and "bad people" don't "get away" with anything.  Plus, if you have nothing to hide, then you have nothing to worry about, right?

* Except abortion clinics and the homes of NH Supreme Court members, MADD members, and police officers.

[LiveFree]

Wow.  Just wow.  They're bad enough WITH the BS "warning" that they bury in the papers, but to say that this isn't an unreasonable search and siezure is BS.  And as stated, if one voluntarily declines to participate in such an ass raping of one's rights and turns around, they'll come after you.  Spencer, could that be considered probable cause?  Cause I'd lean towards no.

[Spencer]

Wow.  Just wow.  They're bad enough WITH the BS "warning" that they bury in the papers, but to say that this isn't an unreasonable search and siezure is BS.  And as stated, if one voluntarily declines to participate in such an ass raping of one's rights and turns around, they'll come after you.  Spencer, could that be considered probable cause?  Cause I'd lean towards no.

My understanding of the law in states that allow these checkpoints (I practice in Oregon, where they are considered to be unconstitutional, suspicionless, unreasonable seizures and searches) is that trying to evade the checkpoints is considered suspicious enough to permit the officer to stop you on reasonable suspicion that you have committed the crime of DUI.

I can actually hear James Madison spinning in his grave . . .

[Dreepa]

http://concordmonitor.com/apps/pbcs.dll/article?AID=/20070703/REPOSITORY/707030327

[Spencer]

Wow.  They're so effective that there are "sometimes" no arrests for DWI at the checkpoints.  Either that or they are worthless (regardless of how unconstitutional they are).

[KurtDaBear]

We have these things fairly often in my city (Fairfield, CA) and the neighboring city of Vacaville; and I've criticized them for finding an average of 1 drunk driver during each such effort while stopping an average of 1,500 motorists.  Probably not coincidentally, the statistic for total number of drivers stopped at a checkpoint here last weekend was "unavailable," according to the official police report, though they were able to count high enough to report arresting one drunk driver this time, too.

As usual, however, they arrested a dozen or so other people on charges not related to drunk driving while confiscating more than half a dozen vehicles.  But these checkpoints aren't pretexting or fishing expeditions--just life-saving public-safety efforts!

Just as a side point, how does N.H. manage to get such idiots for Supreme Court justices when so many of the rest of the people in the state appear to be eminently sensible?

[anthonybpugh]

I haven't come across too many checkpoints in the US.  I have only seen one in Iowa and fortunately for me they were stopping only people on the southbound lane of the interstate and not the northbound. 

[slave]

simple
there is a war on the american driver.

[slave]

bla.bla.bla..... like it is for your safety.