July 4, 201313 yr Author Guru, if during a checkpoint stop the driver is found to be sober but someone in the car has a warrant can the police take that person in?
July 4, 201313 yr Explain. How is police invading your home and forcibly removing you from your home for no legal reason even close to stopping you at a checkpoint to see if you've been drinking close to the same?
July 4, 201313 yr Author How is police invading your home and forcibly removing you from your home for no legal reason even close to stopping you at a checkpoint to see if you've been drinking close to the same? Let's change it slightly. The police forced me to let them in in the name of catching a criminal that could harm the neighborhood. Let's say they think my neighbor is harboring a known killer. They say they that I have to let them in my house so they can watch for this killer so that my neighbors will be safe. You cool with that?
July 4, 201313 yr Let's change it slightly. The police forced me to let them in in the name of catching a criminal that could harm the neighborhood. Let's say they think my neighbor is harboring a known killer. They say they that I have to let them in my house so they can watch for this killer so that my neighbors will be safe. You cool with that? No. And still not the same IMO. You are not out on a public road, possibly breaking the law. The police stopping you at a checkpoint in no way could possible jeopardize the safety of you, or your family.
July 4, 201313 yr Guru' date=' if during a checkpoint stop the driver is found to be sober but someone in the car has a warrant can the police take that person in?[/quote'] Yes. Not only can they arrest that person, they are required to arrest that person.
July 4, 201313 yr Author No. And still not the same IMO. You are not out on a public road, possibly breaking the law. The police stopping you at a checkpoint in no way could possible jeopardize the safety of you, or your family. The police being in my house isn't jeopardizing my family. I'm just being the good citizen trying to help protect my family and the neighbors. Your "possibly breaking the law" is disconcerting. That can be applied to almost every possible situation. You might "possibly" be building a bomb in your house so the police can crash through your doors. You might "possibly" be holding a lady against her will making her live in your basement so... I don't see the difference between that and making me prove I'm not drunk when I have given you no indication that I "possibly" am.
July 4, 201313 yr Author Yes. Not only can they arrest that person, they are required to arrest that person. That's what I thought. So are we cool with that precedent?
July 4, 201313 yr The police being in my house isn't jeopardizing my family. I'm just being the good citizen trying to help protect my family and the neighbors. Your "possibly breaking the law" is disconcerting. That can be applied to almost every possible situation. You might "possibly" be building a bomb in your house so the police can crash through your doors. You might "possibly" be holding a lady against her will making her live in your basement so... I don't see the difference between that and making me prove I'm not drunk when I have given you no indication that I "possibly" am. You don't think a known killer would possibly seek revenge on you or your family if he knew you were working hand in hand with the police to help send him to prison for life?
July 4, 201313 yr Author You don't think a known killer would possibly seek revenge on you or your family if he knew you were working hand in hand with the police to help send him to prison for life? Maybe. Let's say I'm single. I'm selfless. I dont' want the police in my house but they use the "we don't want anyone else in the area to be hurt" argument - ie the "checkpoint" argument. How is it different?
July 4, 201313 yr Author Heck yes. So how do we put that into wording within a law? We're cool with police forcing innocent people to be subjected to a search despite them not doing anything wrong AS LONG AS it MIGHT catch someone with a warrant BUT we are not cool with police saying they have to force me to let them in my house to watch a neighbor. Why do we let police do any search if we haven't done anything wrong?
July 4, 201313 yr Maybe. Let's say I'm single. I'm selfless. I dont' want the police in my house but they use the "we don't want anyone else in the area to be hurt" argument - ie the "checkpoint" argument. How is it different? Once again it's your home. Your own personal, private property. You are driving on public property. I think the police have the right to stop you for any reason, and question you if they feel that a law is being broken.
July 4, 201313 yr Author Once again it's your home. Your own personal, private property. You are driving on public property. I think the police have the right to stop you for any reason, and question you if they feel that a law is being broken. "If they feel the law is being broken" What did I do to make them "feel" that way?
July 4, 201313 yr Author Once again it's your home. Your own personal, private property. You are driving on public property. I think the police have the right to stop you for any reason, and question you if they feel that a law is being broken. I'm at a US Park. I'm sitting there reading a book. Can the police force me on the ground so they can search me for any signs of a bomb?
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