Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Posting-Version: version B 2.10.2 9/3/84; site grkermi.UUCP Path: utzoo!watmath!clyde!burl!ulysses!allegra!mit-eddie!genrad!grkermi!andrew 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