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Old March 5, 2013, 09:37 PM   #13
KyJim
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Join Date: July 26, 2005
Location: The Bluegrass
Posts: 9,142
Quote:
KyJim, I thought the only purpose that the courts ok'd for random checks was DUI checkpoints. Can you please enlighten me as to what case law that supports random license, reg, and insurance checks?
In Delaware v. Prouse, the officer had nothing to do and simply pulled over a driver to check to see if he was licensed. The court said it was unlawful but said checking all autos at a roadblock would be okay:
Quote:
Accordingly, we hold that except in those situations in which there is at least articulable and reasonable suspicion that a motorist is unlicensed or that an automobile is not registered, or that either the vehicle or an occupant is otherwise subject to seizure for violation of law, stopping an automobile and detaining the driver in order to check his driver's license and the registration of the automobile are unreasonable under the Fourth Amendment. This holding does not preclude the State of Delaware or other States from developing methods for spot checks that involve less intrusion or that do not involve the unconstrained exercise of discretion. fn26 Questioning of all oncoming traffic at roadblock-type stops is one possible alternative. We hold only that persons in automobiles on public roadways may not for that reason alone have their travel and privacy interfered with at the unbridled discretion of police officers.

fn26 Nor does our holding today cast doubt on the permissibility of roadside truck weigh-stations and inspection checkpoints, at which some vehicles may be subject to further detention for safety and regulatory inspection than are others.
Delaware v. Prouse, 440 U.S. 648, 663 (1979) (emphasis added).

It is the standardless "spot check" that is illegal.
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