My State is setting up Checkpoints on the Borders (in the name of tax & health!)

[TylerM]

http://www.tennessean.com/apps/pbcs.dll/article?AID=2007709220355

I've seen a few better articles in print on the matter, but don't have URLs. In short, they are doing random checkpoints and spying on what we buy. Lovely 1984 tyranny...

And the store owners are only praying for an increase in tax to drive up profits, while citizens are declaring: "They can't do that. People have a right to buy where they want to buy. They can't dictate where I buy nothing."

We gotta get outta this place
If it's the last thing we ever do...

[Search4Lancer]

A coworker of mine recently related a story to me about how he got busted when he was a truck driver. He loaded up the sleeper with cartons of cigs in another state, and slept in the front seat. When a cop noticed him sleeping slumped over the steering wheel and asked why, he told him he wasn't planning on sleeping long. Cop didn't buy it and checked the bed... came out with a hefty fine.


Hey, cigs are expensive in Pennsylvania - in the name of tax and health, of course.

[ThePug]

That sounds chock full of Constitutional problems- state regulating interstate commerce, limiting the "right to travel" across state lines, and limiting the right to transfer property across state lines. The last one in particular seems set up for a Federal court smackdown.

I hate to reference the case, and I'm sure there's a better example, but as far as I know the essence of Dred Scott that "property" can be freely taken across state lines is still accepted Constitutional law. Is that not the case?

[TylerM]

As much as I would hate to have to pull up the Dred Scott case in my defense, you have a point...

Quesition, is this something worth challenging, or should I just leave it alone and escape to NH after my MBA?

[dan_sayers]

From the article: "He said the state is out to protect its corner stores and tobacco shops."

The subject is taxation. They're protecting the flow into their masters' pockets. No more no less.

@Tyler: If you are ever stopped by such a checkpoint, ask them for what probable cause did they stop you. Ask them if it is illegal to commute between states. Unless something about the way you're operating your motor vehicle justifies a traffic stop, they do not have the power to stop you. Furthermore, the article mentions that motorists could have their cars searched or seized. I don't have to tell you that this would be a warrantless search, which is protected against by the Fourth Amendment. Also, any such on site seizure would also be a violation of your Fifth Amendment right to not lose property without due process. Police are not judiciary officers. Finally (and I am uncertain on this one), if the "crime" is related to tobacco, isn't that a federal matter, whereby the local smokies have no jurisdiction? Sound to me like an illegally enacted law that cannot be enforced without agents of the law violating a number of your Constitutional rights and civil liberties.

[TylerM]

I actually would like to get stopped at a checkpoint so I could practice my skills. I throughly blew my last stop (which was over an alledged weapons cache  ), and would like a chance to deal with them.

It's all about tax evasion, essentially. If you buy over the border and resell, you evade their +200% tax increase. That's what started it...

of course, what a great excuse to play Nazi and force people to show papers and tear apart their cars...

[Rosie the Riveter]

As much as I would hate to have to pull up the Dred Scott case in my defense, you have a point...

Quesition, is this something worth challenging, or should I just leave it alone and escape to NH after my MBA?

You could do this for fun 

http://checkpointusa.org/DHS/DHSroadblock.htm

but the real answer is yes, escape to NH, here you'll have a bunch of people to challenge issues with you and a videographer

We do this:
http://newhampshireunderground.com/forum/index.php?topic=8785.0

and Dave does this:
http://youtube.com/user/RidleyReport