Would Thomas Jefferson, James Madison, John Jay, Patrick Henry, and other Revolutionary era Founders approve of police checkpoints and warrant-less searches outside of war time invasion?
This is a checkpoint in Keene N.H. where there are random checkpoints (ostensibly for drunk drivers) or the pulling over of people without probable cause. There are those who would argue that this practice is a violation of the 4th Amendment to the Constitution and removes the notion of “limited government.” The fact that some courts have allowed this is an example of how judges are often just another part of the government bureaucracy who do not respect the limits imposed by the Constitution nor do they recognize the limits of their office.
Would Thomas Jefferson, James Madison, John Jay, Patrick Henry, and other Revolutionary era Founders approve of police checkpoints and warrant-less searches outside of war time invasion? The British abused the warrant process and the King granted British troops the power to write their own warrants without the authority of a magistrate or a judge.
The activists also made a sign and stood 100 yards up from the checkpoint warning drivers of the checkpoint so they could turn off ahead of time.
It is somewhat more amusing to view the police detaining the man holding the sign while they try to think up something to charge him with, and seem frustrated when they cannot figure out a way to prevent the man from exercising his First Amendment rights.
It is important to point out that not all police believe checkpoints are constitutional nor do some judges. For many ordinary, average citizens who are pro-police they consider that police have better things to do to real crimes and to protect citizens.
Terrence Bressi went to court and won by fighting the random checkpoints.
On November 26th, I was stopped & seized for about the 50th time since the beginning of 2008. The seizure took place at an internal suspicionless Homeland Security checkpoint along Southern Arizona’s SR86 near mile post 146. SR86 is an East-West public highway located over 40 miles North of the border and never intersects the border at any point.
During the stop, Agent Gilmore admitted he knew who I was & all three agents told me I wasn’t being detained. Nonetheless, these facts didn’t stop the agents from refusing to allow me to go about my lawful business, choosing instead to escalate the encounter by requesting that I move to secondary inspection for more intensive scrutiny absent my consent or any clear suspicion.
While continuing to deny that I was being detained and refusing to allow me to leave, the agents threatened me with arrest for impeding their operations.
After close to eight minutes of being unlawfully detained, a Border Patrol supervisor eventually arrives on-scene and wastes no time in telling me that I’m free to go with no further scrutiny.
Given the circumstances surrounding this extended non-detention, the only reasonable explanation that can be attributed to the agent’s behavior is a desire to train the traveling public to be obedient to the whims of any federal agent.
Agent Gilmore's position
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