Professional Police Traffic Stops
While the 4th Amendment to the U.S. Constitution guarantees that individuals have the right to be free from undue searches and seizures, the U.S. Supreme Court has stated that police actually have the right to conduct traffic stops and checks, such as DUI checkpoints. The case of Michigan Dept. of State Police v. Sitz (1990) held that "petitioners' highway sobriety checkpoint program is consistent with the Fourth Amendment" based on precedent cases such as United States v. Martinez-Fuerte and Brown v. Texas, in which it was constitutionally upheld that police had the right to stop and conduct searches so long as the intrusion was not excessive and the search deemed reasonable based on attenuating factors.
For a checkpoint search to be reasonable there has to be probable cause: thus, police will conduct a balancing test to gauge the driver's sobriety before conducting a search. (If the driver fails the sobriety test it is deemed that a search is warranted). However, the seizure part of the checkpoint has raised eyebrows, as this is completely random and every car is made to stop in order to accommodate the police officers' wishes.
While some have argued that this constitutes...
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