Re: Woman Arrested For Warning Drivers Of Speed Trap With Makeshift Sign

Originally Posted by
max1
Is it all about revenue? I think that drives a lot of it. As far as checkpoints go i'm up in the air about that from one side I see the constitutionality of it then on the other hand you should not drink and drive and thats a bigger issue as far as I am concerned. As far as holding a sign up for a speed trap "eff the police" (well not really buy you know what I mean)
Max, a lot of people question whether sobriety checkpoints violate the Constitution. And I’m not about to question their right to do so. However, the United States Supreme Court--the ONLY legal opinion that ultimately counts--has already ruled on the matter.
In Michigan Department of State Police vs Stiz (1990), the Court ruled (6-3) that the checkpoints were constitutional. The Court acknowledged that they infringed on a constitutional right, but that it was a minor infringement compared to the State’s interest in the prevention of drunk driving.
Provided that the police essentially shut down a roadway and stop EVERY vehicle coming through, checkpoints are perfectly constitutional. I’ve been stopped three times to date.
As for any possible revenue incentives, I’ve talked with too many of these officers; and revenue doesn’t cross their minds. They’re focused entirely on getting drunks off the streets; they’re proud to do it. And, the frequent nabbing of a few stray “wants and warrants” is icing on the cake.
Even for the local administrations that authorize the use of checkpoints, they’re not about to refuse the revenue, but I don’t think it’s THEIR primary motivation, either.
Regards,
Joe Walther
Drinking under a different name is not the same thing as joining Alcoholics Anonymous.