• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

SC AG Opinion on checkpoints and roadblocks

P

PT111

Regular Member
Joined
Jul 31, 2007
Messages
2,243
Location
, South Carolina, USA
D

Doug Huffman

Banned
Joined
Jun 9, 2006
Messages
9,180
Location
Washington Island, across Death's Door, Wisconsin,
imported post

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.
 
skidmark

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
imported post

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/opinions/pdf/2008/witherspoon%20w%20d%20os-8559%203-6-08%20police%20checkpoints%20and%20roadblocks.pdf
Click to expand...

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
 
You must log in or register to reply here.
Top