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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.