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From: andrew@grkermi.UUCP (Andrew W. Rogers)
Newsgroups: net.legal,net.auto
Subject: Re: DWI Roadblocks
Message-ID: <470@grkermi.UUCP>
Date: Wed, 26-Jun-85 18:10:40 EDT
Article-I.D.: grkermi.470
Posted: Wed Jun 26 18:10:40 1985
Date-Received: Fri, 28-Jun-85 00:40:46 EDT
References: <979@homxa.UUCP> <587@cybvax0.UUCP>
Reply-To: andrew@grkermi.UUCP (Andrew W. Rogers)
Organization: GenRad, Inc., Concord, Mass.
Lines: 36
Xref: watmath net.legal:1794 net.auto:7179
Summary: 

In article <587@cybvax0.UUCP> bdd@cybvax0.UUCP (Robert D. Donovan) writes:
>> What is the opinion on the net:
>
>> Is it "unlawful search and seizure" if you are stopped at a road
>> block and checked for DWI even though you were driving your car
>> properly (not too fast or slow or weaving or anything, just minding
>> your own business)? 
>
>Apprently not, since Massachusetts in particular has been doing these
>roadblocks for some time without any court case pending that I know
>of. Personally, I consider it harassment, an infrigement of my con-
>stitutional rights, and one more step closer to a police state.
 
The Massachusetts Supreme Judical Court ruled last year that while the police
do have a right to set up roadblocks, they cannot force a motorist to go
through them.  The case involved someone who chose to turn around rather than
go through a roadblock and was summarily convicted of "evading law enforcement
officials" or some such trumped-up charge.  No dice, said the SJC, and threw
out the conviction.  Score one for justice!

>> If it is ok to do these things then why can't the police drive down
>> the block and search every house or every third house for drugs, 
>> unregistered firearms, criminals, etc.?
>
>The way society seems to be going is to favor tactics like roadblocks,
>and drug testing of employees (and now high school students) as an
>easy solution to complex problems. I fear it won't be long before
>more constitutional rights are eroded to the point that it will
>be okay for police to "drive down the block and search every house 
>...for drugs, unregistered firearms, criminals, etc."

Attorney General Edwin Meese, speaking to a group of right-wing lunatics the
other day, said he was in favor of essentially just that.  (But oh how he
screamed when his own financial dealings were under investigation!)

Andrew W. Rogers