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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
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The 2000 SCOTUS decision - City of Indianapolis vs Edmond
1 posted on 10/21/2011 6:05:53 PM PDT by bamahead
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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)
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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.)
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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.)
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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)
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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....)
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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
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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?)
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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.)
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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.)
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To: bamahead

Seems everything in the WOD is constitutional.


11 posted on 10/21/2011 6:29:40 PM PDT by umgud
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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...)
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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)
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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.)
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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.)
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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.)
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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")
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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)
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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.)
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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
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