August 10, 2011
SANTA MARIA, California — Santa Maria Police Department conducted yet another unconstitutional and illegal DUI / Driver’s license checkpoint as part of California Office of Traffic Safety’s (OTS) “Year of the Checkpoint” campaign for 2010. The Santa Maria checkpoint was only one of more than 2500 (ostensibly) OTS-funded checkpoints which are due to be carried out within the state of California during 2010. (Following the money trail, the funding actually traces back to the National Highway Traffic Safety Administration (NHTSA), which is an agency under the federal Department of Transportation (DOT), which is a cabinet position under the President of the United States.) If OTS’s “Year of the Checkpoint” campaign is successfully carried out, then California drivers will endure more than 208 of these unconstitutional / illegal checkpoints per month. “To my knowledge, California conducts more checkpoints than any other state,” said OTS Director Christopher J. Murphy. While DUI checkpoints were officially (if unconstitutionally) sanctioned by the Supreme Court’s Michigan vs. Sitz case, driver’s license checkpoints were not. However, a quick survey of police department websites reveals that most DUI / sobriety checkpoints are dual purpose; that is, police officers regularly check for driver’s licenses in addition to checking for driver impairment. Even though driver’s license checkpoints are not legal according to case law, most drivers are unaware of this fact and so the …
Tags: california, constitution, driver, illegal, michigan, money, national, office, ots, safety, traffic, traffic-safety, uphold-the-law, year
Posted in DUI Check Point California, Video | Comments Off on Unconstitutional DUI / Driver’s License Checkpoint Santa Maria, California 9/10/10
August 10, 2011
Unconstitutional sobriety checkpoints at Redhill and El Camino Real in Tustin, CA on Dec. 19th 2008. The police were pulling over every 5th vehicle with no probable cause for search and seizure and checking for driver’s licenses and whether or not the drive is under the influence. PAPERS PLEASE! The California Supreme Court has ruled that these are constitution even though the 4th Amendment reads: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” The police nagged me and asked me the usual loaded questions. One of the younger officers must have been really bored because he came over and debated with me for quite some time. Through out the entire ordeal I noted that many cars that we’re in violation of local laws, window tint, no front license plate, etc. were just being scooted through because they were not “#5”. I asked the officers why they didn’t ask these people to pull over as well. They said that I was missing the point and that’s not why they are here. Missing the point? I thought the point was to uphold the law in it’s entirety. I guess not. Thought if someone just across the street fired of a gun I’m sure they would respond, even though that’s not why they are there. I suggested that …
Tags: constitution, education, influence, mesa, officers, over-as-well, point, though-the-4th, uphold-the-law
Posted in DUI Check Point California, Video | Comments Off on Unconstitutional Sobriety Checkpoints
