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From: gritz@homxa.UUCP (R.SHARPLES)
Newsgroups: net.auto,net.legal
Subject: DWI RoadblocksII
Message-ID: <988@homxa.UUCP>
Date: Tue, 2-Jul-85 09:25:34 EDT
Article-I.D.: homxa.988
Posted: Tue Jul  2 09:25:34 1985
Date-Received: Wed, 3-Jul-85 07:45:55 EDT
Organization: AT&T Bell Labs, Holmdel NJ
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Xref: watmath net.auto:7230 net.legal:1809

My original posting was more on the legality of police stopping drivers to check
something rather than on the morality of driving drunk.  I am against driving
drunk but I feel it is unconstitutional to use DWI roadblocks to find drunk
drivers.  The most interesting concept that has come up in this discussion is
the idea that you give up your right to privacy and your constitutional
GUARANTEE of unwarranted search and seizure when you drive a motor vehicle on
public highways.

The constitution makes it illegal for anyone to "sign away" their constitutional
rights (thereby preventing creditors from forcing an insolvent individual to
become their slave).  Hence, it cannot be implicit that you give up a right to
privacy when you receive a license and drive a motor vehicle on the public
roads.  Several postings have put forth the concept that:
	
	Since it is in the public's interest (safety) to perform roadblock
	checks, these checks are justified.

This is flawed for the constitutional reason above and for the reason that if
this is to be allowed, then:

	the police have the right to round up everyone in Times Square (NYC)
	and inspect them, check their coordination, possibly check whether
	they are high on drugs or drunk (former is illegal, the latter is
	illegal in public) and arrest the offenders.

	The logic is that Times Square is a public area, it is illegal to be
	drunk in public, it is illegal to be high on controlled subs. and
	besides you may be dangerous (like someone on PCP) to others around
	you.  With this same logic the police could search everyone at a rock
	concert (good place to look for dangerous individuals with drugs) etc.
	in the interests of protecting public safety.

NO ABUSES of constitutional rights should be allowed in this country.  The laws
that permit them should be contested and struck down in the judicial branch of
the government.  If society wants these laws then it must pass a constitutional
amendment permitting them.  In the mean time we drivers should oppose these
measures!

Russ Sharples
homxa!gritz