Does law enforcement violate a person's 4th Amendment rights?

Question

When it sets up road checks for the sole purpose of checking the status of the person's driver's license and registration.

Answer 1

Yes (usually).

I am not aware of any courts that have upheld such checkpoints.

They have upheld DWI checkpoints, using the argument that there is a public safety hazard posed by DUI drivers.  Absent that danger, it is presumptively unreasonable to randomly detain motorists.

Answer 2

I have always thought so, but the courts do not.

Answer 3

No, I agree with the statement above me driving is a privilege. Their checking for people who are driving with out a license or valid registration that is against the law. Or people who are driving with out a license. Witch is not only against the law but dangerous as well. It's for the safety of the public.

Answer 4

no because driving is a priviledge and not a right

Answer 5

No..

Answer 6

I agree with the answer above me

Answer 7

Legit up here. We have them up here in northern California.  Its called a safety checkpoint.  DUI, unlicensed, have a warrant, etc..= busted.

Answer 8

No, most agencies will announce that they are putting them up so you have the option of driving when they are up or not, this has already been settled through the courts.

Answer 9

The fact that driving is a privilege and not a right does not invalidate the Fourth Amendment and give the Government carte blanche when it comes to driving and such.

The government has to show a compelling reason to set up such roadblocks and as most people here observe the Courts generally agree that keeping drunks off of the road is sufficiently compelling.

Answer 10

It may, but if it were to go to a court of law I think that they will be able to get away with it.

I have to wonder though since in California we have a law that states that every one has to have all of the above as well as insurance as well.  I'm sure that law makes it easier for them to do that here and get away with it.

Answer 11

The courts have held that things such as this are a reasonable infringement upon a persons individual rights for the benefit of the greater good, ie: societies safety and security.  These checkpoints do not constitute an unreasonable detention as the motorist is stopped only for a few minutes (at most) and in the majority of the cases the selection of motorists is random, with no one person being targeted.