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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 check[points do not violate the Constitution. In fact, they ruled just the opposite.

I beg to differ.

Supreme Court's 6-to-3 decision today upholding sobriety checkpoints as constitutional. Chief Justice William H. Rehnquist wrote the majority opinion. Justice Harry A. Blackmun wrote a separate concurring opinion. Justices William J. Brennan and John Paul Stevens both filed dissenting opinions.

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.

http://scholar.google.com/scholar_case? ... 4&as_vis=1" onclick="window.open(this.href);return false;

handog wrote:Because you and I, as members of the general public are presumed scum bag criminals until proven otherwise. You could be an escaped convict after all. The LEO has a badge and can draw on you at will. He's the good guy. Why should you feel threatened if one of Austin's finest has his hand on his holstered hand gun while questioning you.

That isn't the only way they use intimidation. Ever have your constitutional rights suspended at a DUI road block. Basically pulled over without probable cause. The police have great latitude in what they can do, once they have you stopped and under their control. Like the hand on gun, the desired effect is to establish a sense of fear and intimidation among the population.

1st: Do we really need to add in the general LEO bashing to present a point of view?
2nd: You may not agree, but for now and for the last few years.. the Supreme Court of the USA has been the finial authority on what is, or is not constitutional.. and again while you as a non constitutional scholar, may not agree.. the SCOTUS has opined, DUI check points DO NOT violate constitutional rights.


I have not personally seen a LEO stand by, talk to a citizen in many years with his hand on his gun, unless he was doing so as a tactical move (bad choice in my tactical experience, but that's a different thread)

Would I address the issue on the street? NOPE... would I have a polite, professional discussion with the department leadership ? You bet... it's bad tactics, bad PR, unneeded overall.. and possibly not even noticed by the LEO... as just a unintended bad habit.