Uppity Wisconsin

We gathered yesterday, Gentle Reader, for a discussion of the constitutionality of highway sobriety checkpoints. In yesterday’s episode we learned that the Fourth Amendment, according to the Supreme Court, can be ignored if the challenges of enforcing the law seem too burdensome for the Government...and we learned that despite a history stretching all the way back to the 1700s and the British case Entick v. Carrington, the Court was, for the first time, willing to allow general search warrants on American soil. Today we take the history a bit further...and then we talk about what happens when freedom is given away...and sadly, we need look no further than a few miles from the Capitol Building, in Washington DC itself, to see exactly what happens when freedom is suddenly gone and a community is placed under siege by the police—all, we suppose, for the community’s own good. We have a lot of ground to cover, so we best get out on the proverbial road—and let’s see if we can avoid our own roadblocks along the way. In yesterday’s conversation we described how the Supreme Court, in United States v. Martinez-Fuerte, 428 U.S.

The holidays are in full swing…or at least they are in the US…which means your days—and nights—are full of running around like crazy. There’s a million things to do, a thousand errands to run, and…are you kidding me?! A police sobriety roadblock? Now? That’s right: there’s a crowd of officers all around you, there’s no way to avoid it…and even though you’ve committed no crime whatsoever, you get to talk to the police…and if they decide it’s acceptable, you may continue on your way. How can this be legal in America? Does it actually serve any purpose? And what happens when the police decide to blockade your neighborhood--for your own good? Believe it or not, it’s my job today and tomorrow to answer those questions…and beyond that, to defend the simple right of Americans to go somewhere if we feel like it, without having to explain it to the police…and in today’s discussion, I intend to set the stage through an examination of history.

Sobriety checkpoints are an effective law enforcement tool involving the stopping of vehicles or a specific sequence of vehicles, at a predetermined fixed location, to accomplish two goals: raise the public’s perception of being arrested for driving while impaired (DWI ), and detection of drivers impaired by alcohol and/or other drugs. --National Highway Traffic Safety Administration, “Low-Staffing Sobriety Checkpoints”