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Thread: SC AG Opinion on checkpoints and roadblocks

  1. #1
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    Iwould likeyour comments and opinions on this concerning the legality of checkpoints. It isfrom the SC AG but since they reference several different states and the SCOTUS I thought it was quite informative. As I read this it appears that checkpoints are legal and the "Am I being detained" defense doesn't work.

    http://www.scattorneygeneral.com/opi...roadblocks.pdf

  2. #2
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    McMaster is not Condon.

    Referencing other jurisdictions' case law, that is likely different from SC's, is about like our SCOTUS allowing foreign stare decisis to have effect.

    McMaster is expressing his privileged opinion that non-discretionary ID stops are legal. Surprise, surprise, that's what he's paid to do. Until such a case survives the appeal process, to become SC case law, we'll never know but his opinion.

  3. #3
    Campaign Veteran skidmark's Avatar
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    PT111 wrote:
    Iwould likeyour comments and opinions on this concerning the legality of checkpoints. It isfrom the SC AG but since they reference several different states and the SCOTUS I thought it was quite informative. As I read this it appears that checkpoints are legal and the "Am I being detained" defense doesn't work.

    http://www.scattorneygeneral.com/opi...roadblocks.pdf
    I think you might be confused about the citations the SC AG provided. They are SCOTUS cases - case law from the Supreme Court will have a direct effect on anything happening in ALL of the States, Territories and Trusts.

    And, yes, you are correct that NON-DISCRETIONARY checkpoints are constitutional. Those checkpoints do not have to stop every single vehicle that passes as long as there is a set-in-stone tripping number - for instance every 5th vehicle - and there is no way the cops can deviate from that. IIRC there was a case where some group was observing/filming a checkpoint and an ambulance with lights/sirens happened to be the tripping number but the cops waved it through (as they properly should). The film of that event was used by one of the persons caught in the checkpoint, and it ended up that charges against everybody caught were thrown out over the technicality that waving the ambulance through made it discretionary and thus unconstitutional.

    stay safe.

    skidmark
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
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  4. #4
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    Thank you for the correction. Thank you.

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