http://www.kipesquire.net/2008/06/does-the-constitution-count-as-a-legitimate-reason/ A Stitch in Time Saves Nine ... But Haste Makes Waste Mon, 29 Nov 2010 16:02:21 +0000 hourly 1 http://wordpress.org/?v=3.3.1 http://www.kipesquire.net/2008/06/does-the-constitution-count-as-a-legitimate-reason/comment-page-1/#comment-6279 KipEsquire Fri, 06 Jun 2008 16:59:45 +0000 http://www.kipesquire.net/?p=4208#comment-6279 I don't particularly like sobriety checkpoints (upheld, wrongly in my view, in <i>Michigan v. Sitz</i>, 496 U.S. 444 (1990)), but they can be distinguished from <i>Edmond</i> (and this story) in that someone who is nabbed for DUI in fact committed a crime -- past tense. <i>Edmond</i> and this story are about preventing hypothetical future crime. That is a huge distinction, especially where crafting out a Fourth Amendment exception is concerned. I don't particularly like sobriety checkpoints (upheld, wrongly in my view, in Michigan v. Sitz, 496 U.S. 444 (1990)), but they can be distinguished from Edmond (and this story) in that someone who is nabbed for DUI in fact committed a crime — past tense. Edmond and this story are about preventing hypothetical future crime. That is a huge distinction, especially where crafting out a Fourth Amendment exception is concerned.

]]> http://www.kipesquire.net/2008/06/does-the-constitution-count-as-a-legitimate-reason/comment-page-1/#comment-6278 alteredcarbon Fri, 06 Jun 2008 15:13:15 +0000 http://www.kipesquire.net/?p=4208#comment-6278 Speaking of vehicular checkpoints, wouldn't the same 2 cases apply to the many checkpoints that are setup across the country -particularly back east in small, towns- for the purpose of stopping traffic to check for DUI? Curious as to what is your thought on this matter? Speaking of vehicular checkpoints, wouldn't the same 2 cases apply to the many checkpoints that are setup across the country -particularly back east in small, towns- for the purpose of stopping traffic to check for DUI? Curious as to what is your thought on this matter?

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