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E.Marquez wrote:

srothstein wrote:

E.Marquez wrote:the SCOTUS has opined, DUI check points DO NOT violate constitutional rights.

Minor technical correction, but it may help with this discussion. SCOTUS did not rule that DWI checkpoints do not violate the Constitution. In fact, they ruled just the opposite.

I beg to differ.

6-3 decision in Michigan Dept. of State Police v. Sitz (1990), the United States Supreme Court found properly conducted sobriety checkpoints to be constitutional.

This was what I said. Checkpoints in general are not constitutional but properly conducted ones are. i even listed some of the conditions making it properly conducted, such as the state law defining how it would operate.

The articles use shorthand like saying the court upheld DWI checkpoints when the court really upheld the specific example being questioned and not the generality of checkpoints, even DWI checkpoints.

E.Marquez wrote:the SCOTUS has opined, DUI check points DO NOT violate constitutional rights.

Minor technical correction, but it may help with this discussion. SCOTUS did not rule that DWI check[points do not violate the Constitution. In fact, they ruled just the opposite. Checkpoints are, as a a general rule, a violation of the Fourth Amendment. In some cases, the need to protect the public may overrule the right. Among the specific requirements to make the checkpoint legal are a state law enabling them and the checkpoint must be for something that is an immediate danger. The state law must detail what procedures must be followed (such as time, location, who to stop, etc.) The stop must also be short enough to not inconvenience the public excessively.

Drunk drivers have been ruled an immediate enough threat that there can be DWI checkpoints if there is a state law enabling them. Drug checkpoints are however illegal, as are driver's license or insurance checkpoints. In an interesting easing of the rule, a checkpoint to look for possible witnesses to a serious crime at the same location as the crime was ruled legal.

Texas has no laws enabling checkpoints and as such, DWI checkpoints are unconstitutional in Texas. Bills to enable these checkpoints have been introduced but none have passed completely yet.