At a required 'checkpoint', freedom ends, and a police state begins.
Police roadblock freedom in America
Idea and research by Lon Garm
Commentary by Helen & Harry Highwater, Unknown News
Sept. 2, 2005
Your definition of freedom might not be the same as mine, but police roadblocks ought to be an affront to any worthwhile meaning of the word.
If you can't make your way from one place to another without waiting in line to undergo police scrutiny ... and you can't get out of line without drawing even more police scrutiny ... then your freedom is gone.
Have you ever read the Fourth Amendment to the Constitution, an integral part of the Bill of Rights? It's in pretty plain English, and you don't have to be a lawyer to understand what it's saying:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
If you need it in even plainer English, I'll translate: You, your house, and your stuff can't be searched without a search warrant. And cops can't get a search warrant without reasonable suspicion, supported by someone under oath making specific allegations about how you've broken the law.
Take that away, and you've snatched freedom from America.
The Bill of Rights was an attempt to prevent American government from evolving into tyranny. That's why it says what it says: Cops cannot search you, your house, or your stuff without a search warrant.
Sidestep the provisions that are supposed to prevent tyranny, and tyranny is what we get. At a police checkpoint, freedom ends, and a police state begins.
Pennsylvania Supreme Court says DUI roadblocks are legal,
even if they may cost more and result in fewer arrests of
drunken drivers
The state Supreme Court says DUI roadblocks are legal, even if they may cost more and result in fewer arrests of drunken drivers.
This week’s ruling upheld the 2003 conviction of Gary Beaman of Pittsburgh, who was stopped by Pittsburgh police at a roadblock and arrested for driving under the influence of alcohol in 2001.
Beaman appealed, asserting that roadblocks should be declared unconstitutional if there is a more efficient way to enforce the state’s DUI law.
In a 4-2 ruling upholding the Superior Court, the justices acknowledged that roadblocks are more expensive and less useful in nabbing drunken drivers than conventional roving police patrols.
But the majority said the publicly advertised roadblocks also have a deterrent effect. It also said statistics presented in the case fail to take into other costs of highway patrols, such as wear and tear on vehicles and the danger to officers making the arrests.
Police checkpoint locations kept secret despite case law
GALLUP, N.M. -- Gallup police officers arrested two alleged drunken drivers this weekend, as part of the department's participation in the nationwide "You Drink, You Drive, You Lose" campaign Aug. 19 through Sept. 5.
Detective Erin Toadlena-Pablo, a spokeswoman for the department, said officers opted to "saturate" specific areas within the community to locate drunken drivers rather than the initial plan to establish checkpoints due to rainy weather conditions over the weekend.
"It's like a moving road block," Toadlena-Pablo said of the operation that targets areas where a high rate of alcohol- related accidents usually occur.
In addition to the two drunken driving arrests, officers issued 33 citations, including a bench warrant arrest and a citation to an individual with an open container of alcohol found inside the vehicle.
Law enforcement agencies are requested to adhere to eight guidelines when establishing DWI checkpoints or roadblocks.
The New Mexico Court of Appeals recommended checkpoints be coordinated by supervisory law enforcement personnel, conducted in a safe manner, conducted at a reasonable location and during reasonable hours at a location where the "official nature" of the roadblock is apparent through appropriate signage.
Another guideline states officers should use a specific formula, such as stopping every third vehicle, when deciding which vehicles and drivers to inspect.
"For a valid roadblock, it is important that the discretion of field officers be restricted," the case law reads. "Automobiles should not be stopped randomly."
A "reasonable location" for a checkpoint should not be intended to target a specific race or group of people, according to the court of appeals. The length of time a motorist is detained at a roadblock should also be minimized to reduce traffic congestion.
Advance publicity is also recommended prior to the day of the checkpoint. The Gallup Police Department regularly contacts area media in advance of its checkpoints and keeps a copy of the particular article announcing the checkpoint, in case its operations are questioned, Capt. John Allen said.
"The deterrence value of any roadblock and its reasonableness for sobriety checks will be enhanced if given widespread advance publicity," the case law reads. It is the department's policy to not announce the location of its check points; however, neighboring departments, such as Grants, announces both the times and locations of their roadblocks.
High school roadblocked for license, paperwork checks
Excerpt: Out of hundreds of drivers, only four received tickets and 29 received warnings or courtesy citations, officials said.
The tickets were for driver's license violations -- two drivers had a suspended or revoked license and two had never obtained a license. Deputies said the warnings primarily involved seat-belt violations.
Seat-belt violations, in most cases, are a secondary violation, meaning that if you aren't wearing a seat belt at a roadblock and you have no other violations, you can't be given a ticket. There is one exception. Officers can ticket any driver who allows a child under age 8 to ride unrestrained.
A few of the students didn't have proof of insurance, deputies said. A state law revision effective July 1 allows officers conducting a roadblock to ticket drivers who don't have proof of insurance.
Neighborhood roadblocked for citizen interrogations
Excerpt: Dorine Fostion, 46, was shot Wednesday night in her apartment on Robinson Place. Fostion's daughter, Ryan, was in the apartment at the time of the shooting.
... Thursday evening, police officers setup a roadblock and handed out fliers on Robinson Place in hopes of getting information that will help them make an arrest in the case.
Excerpt: Angel Matos, 31, ... was driving toward Market Street in Newport at around 9:40 p.m. when he saw a roadblock from the New Castle County DUI Strike Force. He backed up the car and made a U-turn to leave the area, police said.
When police saw Matos back up his car, they began to chase him.
Excerpt: The Commercial Vehicle Enforcement Unit generally staffs truck weigh stations in Kittery, York and Old Town two or three times a week for about four hours at a time. Four to eight troopers and a sergeant use the weigh stations during those periodic visits to check drivers' credentials, the safety of their trucks and compliance with size and weight limits. The unit also sets up roving roadblocks and conducts audits at trucking companies, said its commander, state police Lt. Christopher Grotton.
Other than a killer at large, checkpoints are un-American. They are anathema to our sense of freedom. Yet police who are supposed to know and protect the laws violate the Bill of Rights daily by setting up roadblocks reminiscent of the Soviet Union and World War II Germany. Their stated goal is admiral: get drunks off the street. They cite case laws to support their authority to supersede the Fourth Amendment. As opinion writer, professor, and attorney, Michael Kennedy wrote on July 28, "Law enforcement should require knowledge of the law to be enforced."
I have talked to law enforcement in local cities about roadblocks, and found attitudes ranging from "How many mangled bodies have you seen? How many grieving parents have you had to console?" (The answer of course is none, they don't allow you to do these things, and besides, it's irrelevant), to more reasonable and lengthy conversations describing the relatively negative impact on drivers for the good of the cause.
We should actually read these case laws they present us. Some are readily available on the Internet. Ingersoll v. Palmer is a good example and widely cited. Originally decided in California Supreme Court in 1987, and upheld by the U.S. Supreme Court in 1990, the reading states "that the primary purpose of a roadblock is to deter drunk driving, rather than to arrest offenders, And therefore Fourth Amendment considerations are not involved."
What kind of convoluted reasoning is that? That is a preposterous premise to support the clear violation of the Fourth Amendment. Here are the words of the Supreme Court, as to whether these Draconian, police state tactics are working. On the lack of any evidence showing that roadblocks will serve the stated purpose of deterrence, the court stated, at P. 1339: "It would be presumptuous in the extreme for this court to prohibit the use of an otherwise permissible and potentially effective procedure merely because its effectiveness is at the present time largely untested."
We all want drunk drivers off the street, but shredding the Bill of Rights is not only the wrong way to do it, it is not efficacious. More than one officer has told me that they catch far fewer drunks at checkpoints than during their regular patrols.
Letter to the Editor, Robertson County Times [Springfield, TN]
Aug. 17, 2005
This is possibly the most ignorant Letter to the Editor in history. --Lon Garm
I recently read an individual's opinion on the police in Robertson County in which they stated that “police presence is intimidating, frightening, and downright scary.” And I would have to completely agree with that statement if I was a criminal.
I would rather see police making our public roadways safe, then allowing dangerous individuals to drive however they feel like. Police have a job to do just like any other public assistance provider. If you saw a large number of ambulances whizzing about, you wouldn’t say, “Wow there are way too many ambulances here, they are really causing a nuisance.” They are paid and trained to protect people. If we are coming to the stage where we aren’t willing take a few minutes to stop at a police roadblock or yield to an oncoming emergency vehicle, then we are coming to a sad point in history.
It’s proven that increased police presence helps to prevent crime. If there was only one police vehicle running the county roadways, then most likely people wouldn’t think twice about speeding. We have quite a large number of police vehicles on the roadways in our county, therefore usually you know there’s a pretty good chance you could get caught speeding. Law enforcement officers are here to help, assist and protect the public, they’re not here to amuse you and to irritate you. They have a job to do, and that job is a vital support system in our society.
Perhaps one of those police cars you saw pulled over a drunk driver, which could have struck another motorist. And what should we say to that driver’s family? Oh sorry, police irritate us and we find them scary so we don’t have any. A life for a few minutes of my time is worth it, and if you can’t say the same, then clearly you have no grasp of morals and life itself. Officers risk death everyday, and I cannot see any reason to complain about their presence. My message to law enforcement officers is to keep up the good work and continue doing your job.
Excerpt: Since the accident, nobody has called the Gwinnett Police Department’s tip hotline, and a roadblock set up during the same time frame the day after the accident yielded no witnesses or suspects, said Sgt. Wayne Thaxton, supervisor of the Gwinnett County Police Department’s Accident Investigation Unit.
JACKSON, Miss. -- A Mississippi Highway Patrol roadblock led to the arrest of a Madison County supervisor this weekend. Police arrested District 4 Supervisor Karl Banks on charges of wreckless driving and driving with an open container.
Banks said the entire incident was a misunderstanding. He said troopers stopped him, checked his license and told him to drive on. He said when he pulled off, his tires spun in some wet grass. Banks admitted, however, that he had a cup a of wine in the vehicle.
Excerpt: Justin Lonny allegedly refused to give Officer David Hodges his license at a roadblock at the corner of Raymond Road and Valley Street, then drove off.
Hodges tried to stop the car but got caught and was dragged at high speeds until the vehicle crashed on Terry Road and Highway 80. Hodges injured his shoulder during the incident.
Lonny is charged with aggravated assault of a police officer, possession of cocaine, receiving stolen property and fleeing from a police officer.
We believe in liberty and justice for all, so of course, we oppose many US government policies. This doesn't mean we're anti-American, redneck scum, pinko commies, militia members, or terrorist-sympathizers. It means we believe in freedom, as more than merely a cliché.
We believe you have the right to live your own life as you choose, and others have the equal right to live their lives as they choose. It's not complicated.
We believe freedom leads to peace, progress, and prosperity, while its opposite -- oppression -- leads to war, terrorism, poverty, and misery.
We believe it's preposterously stupid to hate people because of their appearance, their race or nationality, their religion or lack of religion, how they have sex with other consenting adults, etc. There are far more apropos reasons to hate most people.
We believe in questioning ourselves, our assumptions, each other -- and we especially believe in questioning authority (the more authority, the more questions). We believe obedience is a fine quality in dogs and young children, but not in adults.
Like America's right-wingers, we believe in
individual responsibility,
hard work to get ahead,
and stern punishment for serious crimes.
We believe big government should not be blindly trusted.
But unlike most right-wing leaders, we mean it.
Like America's left-wingers, we believe in
equal treatment under law,
war as a last (not first) resort,
and sensible stewardship of natural resources.
We believe big business should not be blindly trusted.
But unlike most left-wing leaders, we mean it.
Like libertarians, we believe it's wrong and reprehensible to arrest people for what they think, believe, look like, wear, eat, smoke, drink, inhale, inject, or otherwise do to themselves.
But unlike many libertarians, we're not obsessed with the gold standard, we don't believe incorporation is humanity's highest achievement, and we don't believe everything in life comes down to dollars and cents. We've read and enjoyed Ayn Rand's novels, but we understand that they're works of fiction.
We're skeptical, and we're sick of so-called 'journalists' who aren't skeptical at all.
A reader asks, what are our solutions? We propose no solutions except common sense, which is never common. We like the principles of democracy, and the ideals broadly described as 'American'. The US Constitution is a fine and workable framework for solutions, when it's actually read and thoughtfully understood by intelligent statesmen and women. So, no manifestos from us. We don't dream that big, and if there's one thing the world doesn't need it's yet another manifesto.
Our suggestion is: think. A fact-based instead of faith-based approach leads to solutions for most of the recurring issues of our time, from abortion to global climate change, pollution to universal health care, careful but real regulation of industry and economy, hunger, war, terror, human rights for humans not for corporations, science not religious doctrine in public schools, equal protection and prosecution under law, etc. Approach problems without glorifying stupidity, without demonizing intelligence, and answers usually come into focus.
These pages are published by Harry and Helen Highwater, happily married low-income nom de plumes and rabble-rousers from Madison, Wisconsin (with a few friends scattered around the world helping out).
We try to spotlight news that hasn't gotten enough (or appropriate) attention in American media, along with our opinions and yours.
We bang our keyboards against the wall, because it doesn't hurt as much as banging our heads.
