OverMountainMan
Cryogenically Hardened Member
No. They are specifically NOT Constitutionally legal. See below.Are cold stops like that even constitutionally allowed?
He'd be alive if he wasn't out there violating his oath to that parchment. And samey-same if he didn't value his authority over his life, or the lives of other motorists.So an officers death turns into a constitutional argument? Classy
Delaware v Prousse (1979)-
2. Except where there is at least articulable and reasonable suspicion that a motorist is unlicensed or that an automobile is not registered, or that either the vehicle or an occupant is otherwise subject to seizure for violation of law, stopping an automobile and detaining the driver in order to check his driver's license and the registration of the automobile are unreasonable under the Fourth Amendment. Pp. 653-663.
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(b) The State's interest in discretionary spot checks as a means of ensuring the safety of its roadways does not outweigh the resulting intrusion on the privacy and security of the persons detained.
Given the physical and psychological intrusion visited upon the occupants of a vehicle by a random stop to check documents, cf. United States v. Brignoni-Ponce, 422 U.S. 873 ; United States v. Martinez-Fuerte, 428 U.S. 543 , the marginal contribution to roadway safety possibly resulting from a system of spot checks cannot justify subjecting every occupant of every vehicle on the roads to a seizure at the unbridled discretion of law enforcement officials. Pp. 655-661.
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(b) The State's interest in discretionary spot checks as a means of ensuring the safety of its roadways does not outweigh the resulting intrusion on the privacy and security of the persons detained.
Given the physical and psychological intrusion visited upon the occupants of a vehicle by a random stop to check documents, cf. United States v. Brignoni-Ponce, 422 U.S. 873 ; United States v. Martinez-Fuerte, 428 U.S. 543 , the marginal contribution to roadway safety possibly resulting from a system of spot checks cannot justify subjecting every occupant of every vehicle on the roads to a seizure at the unbridled discretion of law enforcement officials. Pp. 655-661.