Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Michigan Sheriff: Random Narcotics Checkpoints Are Totally Constitutional
Reason.com ^ | October 21, 2011 | Lucy Steigerwald

Posted on 10/21/2011 6:05:44 PM PDT by bamahead

Genesee County, Michigan Sheriff Robert Pickell is not concerned about the constitutionality of his new method of keeping Flint free of illegal drugs. Fourth Amendment fans, medical marijuana patients, and jumpy motorists are less sure.

According to the Detroit Free Press:

At least seven times [in October] motorists have said they have seen a pickup towing a large sign on I-69 or U.S.-23 that depicts the sheriff's badge and warns: "Sheriff narcotics check point, 1 mile ahead -- drug dog in use."

The checkpoints are part of a broad sweep for drugs that [Pickell] and his self-titled "Sheriff's Posse" said are needed, calling Flint a crossroads of drug dealing ... Pickell said he decided to try checkpoints when he learned that drug shipments might be passing through Flint in tractor-trailers with false compartments.

After some outcry, Pickell's posse have begun making these checkpoints more sporadic. Pickell also admits to using drivers' reactions - say, nervous illegal Uturns- to the warnings as a pretext for pulling them over anyway.

--SNIP--

The Michigan Supreme Court ruled in 1990 that DUI checkpoints were illegal, but the U.S. Court leaves the matter up to the states, under certain conditions. And:

Based on a case out of Indianapolis, the U.S. Supreme Court held in 2000 that narcotics checkpoints where everyone gets stopped on a public road are not legal and violate Fourth Amendment protections against illegal searches and seizures, professor David Moran at the University of Michigan Law School said.


(Excerpt) Read more at reason.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Front Page News; Government; News/Current Events; US: Michigan
KEYWORDS: 4thamendment; liberty; lping; wosd
The 2000 SCOTUS decision - City of Indianapolis vs Edmond
1 posted on 10/21/2011 6:05:53 PM PDT by bamahead
[ Post Reply | Private Reply | View Replies]

To: Abathar; Abcdefg; Abram; Abundy; albertp; Alexander Rubin; Allosaurs_r_us; amchugh; ...



Libertarian ping! Click here to get added or here to be removed or post a message here!
2 posted on 10/21/2011 6:07:21 PM PDT by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
[ Post Reply | Private Reply | To 1 | View Replies]

To: bamahead
It says they, road blocks, are legal to detect impaired drivers. LOL
3 posted on 10/21/2011 6:09:09 PM PDT by org.whodat (Just another heartless American, hated by Perry and his fellow demorats.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: bamahead

Then it should be totally legal for a Taxpayer (ie Employer of all Public Servants) to hold random Drug and Alcohol tests on any or all Public Servants (from the President on down)

Joe Biden may disagree

TT


4 posted on 10/21/2011 6:11:36 PM PDT by TexasTransplant (Radical islam is real islam. Moderate islam is the trojan horse.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: bamahead

heres hopin howdy duty and his posse stop a truck full of zeta, armed to the teeth with modified F&F rifles and grenades...


5 posted on 10/21/2011 6:12:55 PM PDT by Gilbo_3 (Gov is not reason; not eloquent; its force.Like fire,a dangerous servant & master. George Washington)
[ Post Reply | Private Reply | To 1 | View Replies]

To: bamahead

We have a Constitution ?

Nobody in DC seems to think so......


6 posted on 10/21/2011 6:14:02 PM PDT by Popman (Obama is God's curse upon the land....)
[ Post Reply | Private Reply | To 1 | View Replies]

To: bamahead

Sheriff Pickell doesn’t have his head screwed on right. Maybe he needs a hot bath and then screw the lid on.


7 posted on 10/21/2011 6:17:39 PM PDT by sergeantdave
[ Post Reply | Private Reply | To 1 | View Replies]

To: bamahead; All

I have a feeling my papers are never going to be in order.


8 posted on 10/21/2011 6:20:39 PM PDT by TwoSwords (Has anyone seen my suspension of disbelief pills?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: bamahead

” - - - Michigan Sheriff Robert Pickell - - - “

Looks like America has another responsible sheriff.

Both Joe Arpaio and Robert Pickell should be nominated for High Federal Posts right after the 11-2012 National election.


9 posted on 10/21/2011 6:26:21 PM PDT by Graewoulf ( obama"care" violates the 1890 Sherman Anti-Trust Law, AND is illegal by the U.S. Constitution.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: bamahead

Years ago, I went to an afternoon street event on Cinco De Mayo. There was a stage where the band was playing. The group took a break and introduced the Denver Swat team & K9 Unit for a brief “police demo”. A crowd of about 100 gathered to the stage to see the show. A captain took to the mic and explained weapons and tactics. He then introduced the K9s and had them perform a few commands. The officer then casually announced “Our K9s have also been specially trained to sniff out drugs from over 150 feet away”! I’ve never seen so many young Cinco De Mayo partiers disperse one area so quickly!


10 posted on 10/21/2011 6:28:06 PM PDT by LittleBillyInfidel (This tagline has been formatted to fit the screen. Some content has been edited.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: bamahead

Seems everything in the WOD is constitutional.


11 posted on 10/21/2011 6:29:40 PM PDT by umgud
[ Post Reply | Private Reply | To 1 | View Replies]

To: sergeantdave
.....but a majority of the people who got off their asses and went to vote must "like" what Sheriff Pickell is doing.

...this is another "elections have consequences" story...

...if we keep on electing Sheriff Pickell types....

...we won't have to worry about having to go vote....nothing will count anyway.

...my advice to all living under Sheriff Pickell's authority would be to get rid of him at the first opportunity.

12 posted on 10/21/2011 6:34:18 PM PDT by B.O. Plenty (Give war a chance...)
[ Post Reply | Private Reply | To 7 | View Replies]

To: bamahead
Michigan Sheriff: Random Narcotics Checkpoints Are Totally Constitutional

Random checkpoints...Halt stoppen schwein!

Nice..

Meanwhile, a Boston Marathon of millions illegally enters the country at will, bringing in 2000 tons of drugs every several months, during wartime.

These guys are really on the case.

13 posted on 10/21/2011 6:35:05 PM PDT by dragnet2 (Diversion and evasion are tools of deceit)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Gilbo_3
heres hopin howdy duty and his posse stop a truck full of zeta, armed to the teeth with modified F&F rifles and grenades...

Why?
14 posted on 10/21/2011 6:38:20 PM PDT by cripplecreek (A vote for Amnesty is a vote for a permanent Democrat majority. ..Choose well.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: bamahead

From my drinking days I can attest that checkpoints only catch the stupid. I know every back road withing 100 miles of here because when I drank, that’s where I drove.


15 posted on 10/21/2011 6:44:25 PM PDT by cripplecreek (A vote for Amnesty is a vote for a permanent Democrat majority. ..Choose well.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: bamahead

The TSA screenings proved your rights are very limited.


16 posted on 10/21/2011 6:45:23 PM PDT by redgolum ("God is dead" -- Nietzsche. "Nietzsche is dead" -- God.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: bamahead

The good sheriff should open his home to the public to walk in and visit 24/7 to make sure everything in his home is on the up-and-up. After all, since he’s doing nothing wrong, he doesn’t have anything to hide.....


17 posted on 10/21/2011 6:51:46 PM PDT by KoRn (Department of Homeland Security, Certified - "Right Wing Extremist")
[ Post Reply | Private Reply | To 1 | View Replies]

To: bamahead

They don’t really need a checkpoint. All they have to do is pull over the drivers who make a u-turn after seeing the sign.


18 posted on 10/21/2011 6:51:55 PM PDT by E. Pluribus Unum ("Government does not solve problems; it subsidizes them." --Ronald Reagan)
[ Post Reply | Private Reply | To 1 | View Replies]

To: bamahead

Hummm, putting this together with the TSA’s random stops in Tenn. More to come??


19 posted on 10/21/2011 6:56:55 PM PDT by JimSEA (The future ain't what it used to be.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: B.O. Plenty

“my advice to all living under Sheriff Pickell’s authority would be to get rid of him at the first opportunity.”

Didn’t I say that? If not, you did, and I agree. Every county in America needs a 2nd amendment-loving, constitutional sheriff.

A constitutional sheriff can:

1) Keep federal fascist pests out of your house.

2) Raise a 2,000 man armed auxiliary deputy battalion for “emergencies.”

3) Buy surplus military equipment, including machineguns, mortars and a landing craft.

Get one now, for your county. You and your family will sleep better at night.


20 posted on 10/21/2011 6:58:54 PM PDT by sergeantdave
[ Post Reply | Private Reply | To 12 | View Replies]

To: cripplecreek

Back roads are generally where checkpoints are set up in Alabama.


21 posted on 10/21/2011 7:00:23 PM PDT by TweetEBird007
[ Post Reply | Private Reply | To 15 | View Replies]

To: TweetEBird007

They would have had to be to catch me. I can drive from one side of the county to the other and only cross pavement about 3 times.


22 posted on 10/21/2011 7:04:55 PM PDT by cripplecreek (A vote for Amnesty is a vote for a permanent Democrat majority. ..Choose well.)
[ Post Reply | Private Reply | To 21 | View Replies]

To: B.O. Plenty
my advice to all living under Sheriff Pickell's authority would be to get rid of him at the first opportunity.

Yep. Our current Sheriff wasn't elected because the one we did elect was snatched up by the governor to run the prisons in Michigan but I do pay attention to those elections as well.
23 posted on 10/21/2011 7:08:56 PM PDT by cripplecreek (A vote for Amnesty is a vote for a permanent Democrat majority. ..Choose well.)
[ Post Reply | Private Reply | To 12 | View Replies]

To: Graewoulf

The government is far too big. Far to powerful.

I want small government.

If you are concerned with Illegals as Arpio is, the solution is simple.

Don’t provided free education to illegal immigrants. Don’t allow them to drive. Don’t allow them to own property. Don’t allow them to utilize free emergency room services.

Then no problem with the illegal immigrants. Then no need for the anti-4th amendment checkpoints. No need for law enforcement all across this country using petty traffic laws to subvert the 4th amendment.

I believe it is incompatible with small government conservatism to vote at the local level to have very powerful cities, awash in full time law enforcement and broad discretionary powers to intervene in non criminal activities.

It is wrong to use traffic citations to fund the municipal court system. Just make it smaller and make it live within it’s means. Why are the nicest buildings in most towns the municipal buildings? I operate a 2.5 million dollar a year business out of a 6000 square foot metal building. My office is a trailer. I don’t have “nice digs” like the Police, Fire, Mayor, city council. I earn my money. I don’t use municipal power to steal it from citizens at the point of a gun in the dubious name of that highly venerated goddess, “safety”.


24 posted on 10/21/2011 7:22:44 PM PDT by DariusBane (People are like sheep and have two speeds: grazing and stampede)
[ Post Reply | Private Reply | To 9 | View Replies]

To: Graewoulf
Looks like America has another responsible sheriff.

On what planet?

25 posted on 10/21/2011 7:22:44 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: bamahead

DWI checkpoints have been around for years. Though I do believe it’s against the constitution. But not many care about that anymore.


26 posted on 10/21/2011 7:22:44 PM PDT by Terry Mross (I'll only vote for a SECOND party.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Popman

At least when Prohibition of Alcohol was passed, they were honest about it and amended the Constitution.

Nowhere in the Constitution does it empower the Feds to regulate what people choose to consume, and once upon a time the Feds were honest about it and changed the Constitution to empower them to do it.

Federal drug laws, ALL OF THEM INCLUDING THE FDA, are unconstitutional. Keeping everyone safe and sober are NOT enumerated powers.

How you “feel” about it, or what you “believe” is correct does not matter.

This short circuiting of the correct process has led to legislation without representation from unaccountable bureaucrats issuing diktats. The EPA, DEA, and BATFE are PRIME EXAMPLES of this behavior.

By the way, these three turds in the punchbowl were created by an electable, liberal Republican named Nixon.


27 posted on 10/21/2011 7:31:20 PM PDT by noprogs (Borders, Language, Culture....all should be preserved)
[ Post Reply | Private Reply | To 6 | View Replies]

To: cripplecreek
From my drinking days I can attest that checkpoints only catch the stupid. I know every back road withing 100 miles of here because when I drank, that’s where I drove.

Drivin' a dirt road, drinking a few beers, listening to the Yankee game and twisting everything Suzyn Waldman says into something dirty ... that's as good as it gets for me.

28 posted on 10/21/2011 7:33:00 PM PDT by Forgotten Amendments (Days .... Weeks ..... Months .....)
[ Post Reply | Private Reply | To 15 | View Replies]

To: bamahead
Yeah, but . . but . . but . . this is WAR!

No need to follow any obsolete piece of paper when the nation's at WAR.

Even conservatives like George W. Bush realized that.

(Well he claimed to be a conservative, didn't he? Of the compassionate variety?)

</sarc>

29 posted on 10/21/2011 7:34:05 PM PDT by logician2u
[ Post Reply | Private Reply | To 1 | View Replies]

To: Graewoulf

Arpaio should be head of the INS, for sure. He uses probable cause.

Pickell should be tarred, feathered and ridden out of the USA on a cactus trunk for laziness and fee grabbing.


30 posted on 10/21/2011 7:34:51 PM PDT by noprogs (Borders, Language, Culture....all should be preserved)
[ Post Reply | Private Reply | To 9 | View Replies]

To: bamahead

Only legal U.S. citizens to be searched w/o warrant.

Illegals carrying whatever to be waived thru the check points.

Islamics too.


31 posted on 10/21/2011 7:35:15 PM PDT by OldArmy52 (Obama, the most corrupt and incompetent President since Carter.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Terry Mross

Are all of the Freepers on this thread really so stupid?

I know the reporter is but you Freepers really surprise me.

These signs have been used for years.

Park this sign about 1/4 mile before a rest area or remote exit.

Have your deputies in the rest area or remote exit ready to inspect anyone suspicious exiting.

Get it? The sign says 1 mile to an inspection station and the rest area or remote exit is just before that.

The fact that you are trying to avoid the inspection area raises probable cause.


32 posted on 10/21/2011 7:36:24 PM PDT by american_ranger
[ Post Reply | Private Reply | To 26 | View Replies]

To: Travis McGee
EFaD ping...
33 posted on 10/21/2011 7:38:25 PM PDT by Chode (American Hedonist - *DTOM* -ww- NO Pity for the LAZY)
[ Post Reply | Private Reply | To 1 | View Replies]

To: TexasTransplant
"...random Drug and Alcohol tests on any or all Public Servants..."

No one can doubt for a moment that people like Pelosi and Reid are not medicated. I would bet all I have that many of these cockroaches are on powerful psychoactive drugs. They may be legal and they may be under the care of a doctor. But they are on various types of mind altering substances.
34 posted on 10/21/2011 7:48:09 PM PDT by Jay Santos CP ("Idiocracy"... It's no longer just a movie.)
[ Post Reply | Private Reply | To 4 | View Replies]

To: bamahead

In San Francisco, the highest concentration of Latinos is in the Mission District —at most times other races together are maybe 20% of the pop.

At Cinqo de Mayo the cops ended up pulling over soooo many people for drunk driving, with sooo many cars impounded that the Diversity Honchos called up:

They made such a stink about it that we STILL have sobriety checkpoints, sure, but NOT FOR CINQO DE DRINKO.

Nice, huh?

For people who SHOULD be here we have them, but for illegal strangers (and who think rather little of drinking and driving) there are NONE.

BTW: Did u know Cinqo de Mayo is a non-holiday MADE UP by Arizona booze distributors?

I’m serious.


35 posted on 10/21/2011 7:49:58 PM PDT by gaijin
[ Post Reply | Private Reply | To 1 | View Replies]

freedoms_call_600px

PLEASE CONSIDER DONATING TO FREE REPUBLIC TODAY OR BECOMING A MONTHLY DONOR

PLEASE CLICK ON THE IMAGE ABOVE TO DONATE


36 posted on 10/21/2011 7:55:11 PM PDT by RedMDer (Forward With Confidence!)
[ Post Reply | Private Reply | View Replies]

To: bamahead

We no longer have a constitution. Just a pretty piece of paper behind protective glass in the national archives.

It was a nice idea, though.


37 posted on 10/21/2011 7:58:53 PM PDT by Skooz (Gabba Gabba we accept you we accept you one of us Gabba Gabba we accept you we accept you one of us)
[ Post Reply | Private Reply | To 1 | View Replies]

To: american_ranger
The fact that you are trying to avoid the inspection area raises probable cause.

of what ???

38 posted on 10/21/2011 9:00:48 PM PDT by Gilbo_3 (Gov is not reason; not eloquent; its force.Like fire,a dangerous servant & master. George Washington)
[ Post Reply | Private Reply | To 32 | View Replies]

To: american_ranger

To start with, maybe some one merely has to take a dump and that is why they pulled into a rest stop, it is a rest stop isn’t it? Secondly, probably cause is not mentioned in the constitution as a reason to search somenone’s person, vehicle or home. Probable cause is supposed to be used to obtain a search warrant. The judges who made the rulings that cops can use “probable cause” to search people without a warrant made unconstitutional rulings and we have been suffering for it every since.


39 posted on 10/21/2011 10:13:22 PM PDT by calex59
[ Post Reply | Private Reply | To 32 | View Replies]

To: bamahead

Got love police that want to violate Constitutional Rights in order to enforce the law. (sarcasm off)

Just think about it for a minute. What’s next that’s going to justify a check point? You may agree in this situation, but THIS situation will be used as evidence of why they can do it in the future.

This is NOT good. This is what I expect in a police state.


40 posted on 10/21/2011 11:59:05 PM PDT by Sprite518
[ Post Reply | Private Reply | To 1 | View Replies]

To: Chode

A police state is a safe state, comrade!


41 posted on 10/22/2011 6:12:50 AM PDT by Travis McGee (www.EnemiesForeignAndDomestic.com)
[ Post Reply | Private Reply | To 33 | View Replies]

To: bamahead
Pickell said he decided to try checkpoints when he learned that drug shipments might be passing through Flint in tractor-trailers with false compartments.

So, in response to this credible information, Pickell responds by stopping every vehicle in sight at random checkpoints for inspections, rather than just tractor trailers.

Can you say non sequitur? I knew you could.

42 posted on 10/22/2011 6:17:30 AM PDT by savedbygrace (But God.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: E. Pluribus Unum

“They don’t really need a checkpoint. All they have to do is pull over the drivers who make a u-turn after seeing the sign.”

You are closer to the reality than you know. Here’s the SOP on these. They put the “drug checkpoint one mile ahead” a half mile from an obscure exit ramp that has some cover around it due to vegetation or terrain. THAT is where the real checkpoint is located, to catch the early-exiters.


43 posted on 10/22/2011 6:19:28 AM PDT by Travis McGee (www.EnemiesForeignAndDomestic.com)
[ Post Reply | Private Reply | To 18 | View Replies]

To: american_ranger
The sign says 1 mile to an inspection station and the rest area or remote exit is just before that.
The fact that you are trying to avoid the inspection area raises probable cause.

So the sole purpose of having the DoT build rest stops along the interstate is for eluding police roadblocks. IOW, if a family has a whiny kid that hast to relieve herself Right Now, that is prima facie evidence proof of a deliberate intent to avoid an unconstitutional search and seizure.

And since when has it been a crime to want to avoid unconstitutional search and seizures? If a person reads about a police road-block at intersection X for four hours beginning at time Y, and that reader decides to take a different route or reschedule their trip - should that thought crime merit a five in the morning armed invasion by the SWAT based on the "fact" that the citizen wanted to avoid an unconstitutional inspection?

Its when I read comments like yours that I am convinced that we have irredeemably lost the Republic.

44 posted on 10/22/2011 6:56:27 AM PDT by The Theophilus (Obama's Key to win 2012: Ban Haloperidol)
[ Post Reply | Private Reply | To 32 | View Replies]

To: noprogs

It goes back further to Harry Anslinger and his devil weed campaign. Back then they realized that outright prohibition
of the evyl weed was on shakey Constitutional grounds and
formulated a law based on a tax stamp that was impossible to get.


45 posted on 10/22/2011 8:12:06 AM PDT by RitchieAprile (Yeaaahh yeaaahh we baaad...)
[ Post Reply | Private Reply | To 27 | View Replies]

To: american_ranger

So, I’m on my way to a meeting and I don’t plan on pulling into a rest area ‘cause I’m running late. I drive past and that’s probable cause? Avoiding an inspection is probably cause? Or say I DO pull into the rest area to take a leak. Is that volunteering for an inspection?

How ‘bout when some cop knocks on my door and wants to come in and look around for no reason and I say “Hell, no! Get away from my door, copper!” Is that probable cause? No. The judge is going to want a reason before a search warrant is issued.

Would it be legal if the cops put a sign up at the entrance to the neighborhood that said anyone who moves here will have their home inspected at anytime without a warrant. Would that be constitutional? No. The judge is going to want a reason before a search warrant is issued.

Any unreasonable search without cause is uncostitutional. Just like groping me at the airport. They have no reason to suspect I’m going to blow up a plane.

What cops do and what they should be allowed to do are two separate things.


46 posted on 10/22/2011 8:40:54 AM PDT by Terry Mross (I'll only vote for a SECOND party.)
[ Post Reply | Private Reply | To 32 | View Replies]

To: bamahead
if abortion is constitutional, then this surely is !

a cop has a right to choose what he does with his badge after all....[/sarc],

47 posted on 10/22/2011 11:09:08 AM PDT by KTM rider ( with citizenship you get indentured servitude)
[ Post Reply | Private Reply | To 1 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson