dxmnkd316
Lucia Apologist
Re: Take a Stand Against Sexual Assault: Resist the TSA
But that's exactly what they are doing: Pulling you over and making you take a drunk test. If you refuse, that's probable cause. It doesn't matter if it's your house, the Fourth Amendment doesn't make that stipulation.
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
You, your house, your car, whatever. They're all included in the language. If they stop you just to smell your breath in order to establish probable cause, what's the difference between them peeking into your house to see if there's probable cause?
See I disagree. Unless they pull you out of the car and make you take a drunk test I dont see roadblocks as unreasonable searches. If they just stop me and ask me a couple of questions so they can smell my breath or whatever that is not like them forcing themselves into my house to see if they could find something. I have been pulled over quite a few times for ticky tack stuff so cops can find reason to test me. I dont feel it is intrusion, it is a waste of time because I never drive anywhere near the limit but I take the breathalyser and go on my way.
I am a hardcore 4th Amendment guy, but for my safety and for public safety there are things that should be allowed as reasonable. Road blocks are pretty much as far as I go though.
But that's exactly what they are doing: Pulling you over and making you take a drunk test. If you refuse, that's probable cause. It doesn't matter if it's your house, the Fourth Amendment doesn't make that stipulation.
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
You, your house, your car, whatever. They're all included in the language. If they stop you just to smell your breath in order to establish probable cause, what's the difference between them peeking into your house to see if there's probable cause?