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From: stewart@ihldt.UUCP (R. J. Stewart)
Newsgroups: net.auto,net.legal
Subject: Re: Roadblocks
Message-ID: <2401@ihldt.UUCP>
Date: Thu, 28-Jun-84 17:28:31 EDT
Article-I.D.: ihldt.2401
Posted: Thu Jun 28 17:28:31 1984
Date-Received: Sat, 30-Jun-84 04:12:29 EDT
References: <201@isrnix.UUCP> <669@vax1.fluke.UUCP>
Organization: AT&T Bell Labs, Naperville, IL
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r.e. roadblocks:

> It may be unconstitutional but can you think of better ways to curtail
> drunk driving?
> ...
> I guess my point is that if this is an unconstitutional act what do we
> have to do to make it constitutional?

What we have to do to make the roadblocks legal is to remove the
"probable cause" restriction on law enforcement officials.  That is, a
police officer must be able to stop (in legal terms, "stop" = "arrest")
anyone at all, with no reason to believe that the person has broken any
law.

This is one of the most important guarantees that the citizens of this
country secured in the U.S. Constitution.  As much as I'd like to get
the drunk drivers off our roads, I'm not willing to give this power to
the government.  Please don't take your rights lightly; if you give them
up now for the sake of one issue, you may find yourself wishing that you
had them back.

Bob Stewart
ihldt!stewart