Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Posting-Version: version B 2.10 5/3/83 based; site homxa.UUCP Path: utzoo!watmath!clyde!burl!ulysses!mhuxr!mhuxt!houxm!homxa!gritz 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 Lines: 40 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