Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Posting-Version: version B 2.10.2 9/18/84; site mb2c.UUCP Path: utzoo!watmath!clyde!burl!ulysses!gamma!epsilon!mb2c!mpr From: mpr@mb2c.UUCP (Mark Reina) Newsgroups: net.legal,net.auto Subject: Re: DWI Roadblocks Message-ID: <187@mb2c.UUCP> Date: Wed, 26-Jun-85 12:31:46 EDT Article-I.D.: mb2c.187 Posted: Wed Jun 26 12:31:46 1985 Date-Received: Thu, 27-Jun-85 06:50:31 EDT Organization: Michigan Bell, Southfield, MI Lines: 15 Xref: watmath net.legal:1791 net.auto:7169 I really don't mean to beat a dead horse, but one of the netters already seems to hit the mark when he says travel is a right; driving is a privelege. The state can set up roadblocks to check that vehicle maintenance laws are being followed. The amount of "probable cause" here is lower than stopping a person. For example, the state knows that some people are violating vehicle maintenance laws or that some of the vehicles don't measure up to standards. The state can set up roadblocks to verify compliance with the laws. If the police then get probable cause by seeing empty vodka bottles on the backseat or erratic behavior generally associated with drunkeness during this search, the police can do further investigations (such as breath- alizer tests or walking the chalklines). Now, the police are able to see an illegal activity which is in plain view.