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Roadblocks and Checkpoints
05/17/2009 | Guildnavigator

Posted on 05/17/2009 8:43:30 AM PDT by guildnavigator

I live in a small town in Southern Maine. Last week I encountered the local police in the process of setting up a roadblock/checkppoint on one of the more heavily-travelled county roads. It was mid-afternoon - not your usual midnight sobriety checkpoint. Apparently the reason for the checkpoint was to screen motorists/vehicles/drivers/passengers for any and all possible violations. My son later drove past the checkpoint from the other direction and saw one of his friends standing outside his vehicle while police searched it. Unknown whether that was a "probable cause" or "consent" search. Several days before that I went to park at Logan Airport's terminal B short term parking while going in to pick up my daughter. In order to pass through the gate to the parking garage I had to consent to have my vehicle searched. A surly attendant demanded that I pop my trunk. He fiddled with the trunk door a bit then wave me through. Increasingly intrusive airport security checks for passengers. Bus stations now require ID to purchase tickets. Cameras log your motorvehicle plate at various locations including intersections and toll booths. If you have a TransPass or similar toll-paying device, you are duly logged and date-stamped for each position. Your cell phones transmit gps coordinates of their current location for "enhanced 911" systems. The list goes on. Where does it end? Why not a camera in every bedroom? I suspect some illegal activity may be going on in there as well. There seems to be little protest. The sheep line up. The cattle shuffle into the shoot. I'd like to hear of other peoples experience with the ongoing violations of the 4th Amendment.


TOPICS: Constitution/Conservatism; Government; US: Maine
KEYWORDS: 4thamendment; checkpoints; roadblocks

1 posted on 05/17/2009 8:43:30 AM PDT by guildnavigator
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To: guildnavigator

Didn’t you post this same thing earlier this morning?


2 posted on 05/17/2009 8:44:46 AM PDT by ChocChipCookie (Earth: It's not your mother, it's just a big rock.)
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To: guildnavigator

Multiple postings of the same vanity will not lead to your becoming universally beloved.


3 posted on 05/17/2009 8:45:35 AM PDT by Tijeras_Slim (When I leave this planet, it's gonna know I was here.)
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To: guildnavigator
Interesting posting history. Care to explain?


4 posted on 05/17/2009 8:46:00 AM PDT by darkwing104 (Lets get dangerous)
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To: guildnavigator

If you are not doing anything wrong why worry? The biggest complainers are the ones doing something wrong. The biggest worry I have is if I have a beer on the way home.


5 posted on 05/17/2009 8:50:15 AM PDT by John D
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To: John D

Maybe you’re being facetious here and I’m missing it somehow? If not, I have to say that kind of thinking is scary to a free man.


6 posted on 05/17/2009 8:54:32 AM PDT by Emmett McCarthy
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To: ChocChipCookie
Yes it was,

Roadblocks and checkpoints

7 posted on 05/17/2009 8:55:09 AM PDT by Joiseydude (Kate Smith - God Bless America http://www.youtube.com/watch?v=pCavKL2zdjM GREAT visual interpretatio)
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To: John D
If you are not doing anything wrong why worry? The biggest complainers are the ones doing something wrong.

It is our duty to preserve freedom for future generations. These checkpoints are illegal and the ones performing them need to be arrested and incarcerated because they are breaking the law. They are also traitors.
8 posted on 05/17/2009 8:57:18 AM PDT by microgood
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To: John D

“If you are not doing anything wrong why worry?”

i can’t believe you actually wrote this...dude , ya need remedial freedom classes.


9 posted on 05/17/2009 9:01:31 AM PDT by usshadley (It's time to choose..the empire or the republic? You can't have both. Time is running out.)
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To: usshadley

JUST SAY NO, when they ask you to get out of the car LOCK THE DOORS and PUT KEYS IN POCKET, JUST SAY NO. Tell them to go get a warrant, Then peacefully remind them that Violating a persons Civil Rights under the color of law is a FELONY. Unlawful detainment is a VIOLATION. So is Kidnapping should they arrest you. By the way the very instant you notify them of possible criminal violations on their part their IMMUNITY from Civil Liability is GONE.


10 posted on 05/17/2009 9:17:21 AM PDT by eyeamok
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To: darkwing104

Sorry. New to sight. Still trying to figure out how things work!


11 posted on 05/17/2009 9:30:20 AM PDT by guildnavigator
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To: guildnavigator

You said it yourself: ONGOING violations.

The aim is to make these anti-Constitutional acts part of everyday life so that those protesting and/or refusing to comply will be portrayed as criminals.


12 posted on 05/17/2009 9:30:31 AM PDT by relictele
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To: guildnavigator
No prob. Welcome to the FR. Where did this happen exactly. I grew up in that area. Sounds to me like they were looking for expired Tag/Inspection decals.


13 posted on 05/17/2009 9:32:17 AM PDT by darkwing104 (Lets get dangerous)
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To: eyeamok

Works for police but not for the Border Patrol.

I’ll take a few and see if I can locate the relevant legal citation, Supreme Court ruling.


14 posted on 05/17/2009 9:44:05 AM PDT by Hulka
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To: guildnavigator
Have you thought of joining Code Orange Freepers?

As for the road block, have you called the local PD and found out why they had the checkpoint? Escaped inmate in the area? Amber alert? Drug checkpoint? What did they say?

As for the airport, that's private property, or government owned property,so if they have that rule so be it. Rather that than a bomb in a terminal like the Scots faced with their doctor's plot.

Everyone knows their rights, just ask them. What are your responsibilities? That is the question no one wants to answer.

15 posted on 05/17/2009 9:45:49 AM PDT by IrishCatholic (No local Communist or Socialist Party Chapter? Join the Democrats, it's the same thing!)
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To: eyeamok

Found it (Federal Law and upheld by the Supreme Court).

The legal ability of the Border Patrol to stop traffic, to question persons, and to search traffic is uncontested. The Supreme Court decision is the last word.

http://www.aliciapatterson.org/APF1804/Davidson/Davidson.html

http://www.ptleader.com/main.asp?SectionID=4&SubSectionID=4&ArticleID=21651&TM=80391.33

http://www.ccis-ucsd.org/news/Art.%2048.pdf

http://www.gao.gov/products/GAO-05-435

INA 287 (a) (3) within a reasonable distance from any external boundary of the United States, to board and search for aliens any vessel within the territorial waters of the United States and any railway car, aircraft, conveyance, or VEHICLE... and within a distance of twenty-five miles from any such external boundary to have access to private lands, but not dwellings for the purpose of patrolling the border to prevent the illegal entry of aliens into the United States;


16 posted on 05/17/2009 10:00:29 AM PDT by Hulka
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To: Hulka

They don’t seriously enforce laws against illegal immigration, so this is the only part they care about:

“(5) to make arrests-

(A) for any offense against the United States, if the offense is committed in the officer’s or employee’s presence, or

(B) for any felony cognizable under the laws of the United States, if the officer or employee has reasonable grounds to believe that the person to be arrested has committed or is committing such a felony, if the officer or employee is performing duties relating to the enforcement of the immigration laws at the time of the arrest and if there is a likelihood of the person escaping before a warrant can be obtained for his arrest.”

Just a “legal” way to stop and search anyone without probable cause.


17 posted on 05/17/2009 10:36:18 AM PDT by philetus (Keep doing what you always do and you'll keep getting what you always get.)
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To: microgood
These checkpoints are illegal and the ones performing them need to be arrested and incarcerated because they are breaking the law.

How are they illegal? If they were illegal every person arrested by a roadside stop would have the case thrown out.
I may not like being stopped a checkpoint, especially if I am drinking a beer, but do not mind getting unlicensed or drunk drivers off the road. If I am not doing anything wrong I have nothing to worry about. Maybe the people who mind should do their drinking and pot smoking at home.
18 posted on 05/17/2009 10:57:08 AM PDT by John D
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To: guildnavigator
after 9/11 parking garages & lots at airports and critical installations all had vehicle checks. That has pretty much ceased now.
19 posted on 05/17/2009 11:19:58 AM PDT by elpadre (AfganistaMr Obama said the goal was to "disrupt, dismantle and defeat al-Qaeda" and its allies.)
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To: guildnavigator

I agree with you.

The police State thing has gone too far. Homeland Security is now putting out terrorist hit lists on anyone who advocates or supports anything the government does not like.

Time for some constitutional blow back.


20 posted on 05/17/2009 11:20:10 AM PDT by SaraJohnson
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To: John D

Or the ones who remember we had a constitution... Count me as a big complainer and I don’t drink and drive. I am American and drive.


21 posted on 05/17/2009 11:21:24 AM PDT by SaraJohnson
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To: John D
How are they illegal? If they were illegal every person arrested by a roadside stop would have the case thrown out.

They are a violation of the 4th Amendment to the US Constitution. Cops violate people's rights in this country tens of thousands of times a day in this country and get away with it. Cops believe they are above the law, and that laws only apply to "civilians".

If I am not doing anything wrong I have nothing to worry about. Maybe the people who mind should do their drinking and pot smoking at home.

If this is the case, then you won't mind if the police come in and ransack your house once a week to make sure you are not using drugs.

Many people have died protecting our freedoms and it is our duty to preserve them for future generations. Checkpoints belong in Communist China and the old Soviet Union, and I never thought I would see the day they would happen here. I guess the Soviets won the cold war after all.
22 posted on 05/17/2009 11:24:58 AM PDT by microgood
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To: philetus

Actually, the Border Patrol Agents do care and are working harder than you realize to stop, catch, deport/jail illegals/drug smugglers and while doing so they face a very dangerous environment, from the terrain to the MEXICAN ARMY, the Agents are undeterred in their efforts.

It is better to direct your comment to the DHS “leadership” and The One, not the Agent in the field when it comes to immigration policy.


23 posted on 05/17/2009 11:26:59 AM PDT by Hulka
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To: microgood

“These checkpoints are illegal and the ones performing them need to be arrested and incarcerated because they are breaking the law. They are also traitors.”

No way, they have them all the time in N. County San Diego to catch unlicenced and uninsured drivers and they catch a lot.

They should have them every day in multiple locations and also check for citizenship by having border patrol at every checkpoint!!


24 posted on 05/17/2009 11:27:09 AM PDT by dalereed
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To: dalereed
They should have them every day in multiple locations and also check for citizenship by having border patrol at every checkpoint!!

I thought we took care of all you guys in WWII. I guess some of you slipped through the cracks. Time for another purging.
25 posted on 05/17/2009 11:31:34 AM PDT by microgood
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To: guildnavigator
The “checkpoint” was on Rt.91 westbound coming from Rt.1 They were just setting up the various cones to direct westbound traffic into an initial inspection area. There was also a secondary inspection area on Pudding Lane that they could divert you into if they found anything interesting.

Use the "Post Reply" Button to reply in the forum. The "Private Reply" button sends messages to private mail.

York Maine. My Sympathies. Anyway, most daytime checkpoints are looking for expired plates or inspections tags. However Maine has joined the effort to curb international smuggling of Drugs, Hazardous waste and Illegal Aliens. One such operation operates out of York Maine.


26 posted on 05/17/2009 11:31:52 AM PDT by darkwing104 (Lets get dangerous)
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To: John D
If you are not doing anything wrong why worry?

The words of a slave, or someone about to become one.

27 posted on 05/17/2009 11:36:11 AM PDT by TWfromTEXAS (Life is the one choice that pro choicers won’t support.)
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To: microgood

I was being kind, I really think there should be open season on illegsals and a bounty for dead ones!


28 posted on 05/17/2009 11:36:39 AM PDT by dalereed
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To: John D
If you are not doing anything wrong why worry? <<

Great answer!....Ive signed u up to have your house searched 3 days a week...cavity searches and bedroom searches of your entire family as well and any and all associates u may have...
and Don't sweat it... we know u don't do anything wrong...just a routine procedure...

and Thanks for your cooperation...Your making a safer and greater Amerika!

29 posted on 05/17/2009 11:36:47 AM PDT by M-cubed (Why is "Greshams Law" a law?)
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To: dalereed
I was being kind, I really think there should be open season on illegsals and a bounty for dead ones!

I agree the illegals are a huge problem. But they need to deal with it without trashing the Constitution. I refuse to give up my rights because the government is incompetent. Otherwise, what the he$$ are we defending anyway?
30 posted on 05/17/2009 11:42:01 AM PDT by microgood
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To: microgood
I refuse to give up my rights because the government is incompetent.

Well said.
31 posted on 05/17/2009 11:44:30 AM PDT by mysterio
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To: John D
Spoken like a true lib.
32 posted on 05/17/2009 11:46:23 AM PDT by mad_as_he$$ (Nemo me impune lacessit)
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To: John D
Oh...and PS.....we'll be watching your beer purchases and consumption for you! (its a free service we provide).....We need more model citizens just like you...

Thanks again for your support...

signed: USGCHGP* *(US Government Counsel of Honest and Good People)

33 posted on 05/17/2009 11:47:48 AM PDT by M-cubed (Why is "Greshams Law" a law?)
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To: microgood

There’s nothing illegal about roadblocks, even the ACLU can’t stop them.

We need more not less!

Every one they have here that usually last 4 or 5 hours they catch 40-50 no license drivers and impound their cars and take them off the road.

even then they are inneffective since they only stop about 1 out of every 5 cars that pass it since they only have so many stations for checking drivers and when those are full every one just passes theough.


34 posted on 05/17/2009 11:49:22 AM PDT by dalereed
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To: guildnavigator

There’s a story where a small society looks forward to a long trip from whence none return; one day a huge event occurs as one of the travelers returns with startling news — this is not a pleasant place to visit at all; the reader learns that the society is made up of beef cows and the destination of this scheduled trip is the slaughter house.

I can’t relocate it and my poor memory won’t capture the author’s name or story title amongst all the clutter clogging up my saturated brain cells.

Does anyone else remember this scenario?


35 posted on 05/17/2009 11:57:33 AM PDT by Old Professer (The critic writes with rapier pen, dips it twice, then writes again.)
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To: dalereed
There’s nothing illegal about roadblocks, even the ACLU can’t stop them.

They are totally illegal, but we do live in the post-freedom era of America, so it is not surprising. Luckily I live in a state where they are illegal, and I would not live in one where they aren't.
36 posted on 05/17/2009 11:58:52 AM PDT by microgood
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To: John D
If you are not doing anything wrong why worry?

King George III couldn't have said it better.

37 posted on 05/17/2009 11:59:38 AM PDT by Boston Blackie (Attorney General Eric Holder: Second Amendment won't stand in the way of administration plans)
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To: microgood
They are a violation of the 4th Amendment to the US Constitution.

Apparently it is not, or every one of these cases would be thrown out. You may think you are a Supreme Court Justice, but I doubt it. They have the final say on what is Constitutional and what is not, not you or me.

you won't mind if the police come in and ransack your house once a week to make sure you are not using drugs

.If they have a warrant, but any person with an ounce of sense would know they would never be able to do this once a week.

Many people have died protecting our freedoms and it is our duty to preserve them for future generations.


I may not have died, but I did spend four years protecting our freedoms. One freedom I cherish is being able to live in a safe city. Law enforcement is needed to keep it safe. If a roadblock gets drunk drivers or illegal drivers or other criminals off the streets and makes it a safer place it is all right by me.
38 posted on 05/17/2009 12:02:21 PM PDT by John D
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To: Old Professer

Yes, I think I do...How I remember it, one of the sentient cattle escaped from the slaughterhouse semi flayed, after being stunned rather than killed. He became a sort of prophet to the cattle as he traveled about warning them not to go. The story was in third person/past tense IIRC, and I believe it was published in a paperback anthology called “Eco-Fiction” , ed. John Stadler. I may be wrong about what book it’s in though as the table of contents did not ring any bells.


39 posted on 05/17/2009 12:13:42 PM PDT by kaylar
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To: kaylar; Old_Professor

Actually, maybe I DO recognize the title...I said the escaped bovine became a prophet to the other cattle, and there’s a story listed on the table of contents called “A Mother’s Tale”. The mother cow is telling her calf of the time the prophet came and warned the others what would happen if they went-the cow described the bull prophet as looking like he was wearing a cape, because the skin around his shoulders had been flayed. I know I read this book to death when I was in Jr High, and I distinctly remembered “The Supremacy of Uruguay” from it. I am describing the 1971 edition-it was republished, and the line up may have changed for other editions.


40 posted on 05/17/2009 12:26:56 PM PDT by kaylar
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To: microgood

“I live in a state where they are illegal.”

What state are you referring to?


41 posted on 05/17/2009 1:00:45 PM PDT by july4thfreedomfoundation (January 20, 2013.....the day Sarah Palin takes the oath of office and our national nightmare ends!)
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To: july4thfreedomfoundation
What state are you referring to?

Washington. There are 11 states which do not allow checkpoints either by statute or their constitution. Washington does not allow by constitution.
42 posted on 05/17/2009 1:43:11 PM PDT by microgood
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To: John D
You may think you are a Supreme Court Justice, but I doubt it. They have the final say on what is Constitutional and what is not, not you or me.

A right which they confered upon themselves. But even Rehnquist in his Michigan ruling on sobriety checkpoints acknowledged it was a 4th Amendment violation, but that they were going to grant an exemption to the constitution (another right they conferred upon themselves) because we needed to catch drunk drivers, and that sobriety checkpoints are effective (which, it turns out are not nearly as effective as roving patrols).

If they have a warrant, but any person with an ounce of sense would know they would never be able to do this once a week.

Why would they need a warrant if you have nothing to hide?

I may not have died, but I did spend four years protecting our freedoms.

Thank you for your service.

One freedom I cherish is being able to live in a safe city. Law enforcement is needed to keep it safe. If a roadblock gets drunk drivers or illegal drivers or other criminals off the streets and makes it a safer place it is all right by me.

Not me. The freedom I cherish is to go where I please without being stopped, harrassed, and intimidated by government officials without cause. If I am speeding or breaking the law, then fine. Otherwise, leave me alone.
43 posted on 05/17/2009 1:52:55 PM PDT by microgood
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To: guildnavigator

This is a direct result of political correctness. We are all targeted because police cannot “make hay where the sun is shinning”. PC is taking away our rights. It is the left’s main mechanism. Free speech has been limited by it. Freedom of religion has also. Our safety is also compromised thanks to PC.


44 posted on 05/17/2009 2:27:53 PM PDT by rsobin
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To: Hulka

I know that. My comment was directed at the pols making the decisions.I have no problem with the “cops on the beat”.


45 posted on 05/17/2009 5:43:38 PM PDT by philetus (Keep doing what you always do and you'll keep getting what you always get.)
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To: philetus

Understood.


46 posted on 05/18/2009 5:34:42 AM PDT by Hulka
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