PSP - Safety Check

[TonyF]

I have a co-worker in Armstrong county (near Kittanning) who has told me that on numerous occasions over the last few years he has seen and experienced PSP "safety" checkpoints. These are much like DUI checkpoints.

They're asking for identification and so on and so forth, IOW the typical drivers license and registration bit. They're stopping everyone, not just commercial trucks.

Seems invasive to me.

Is this legal?

[whoshisface]

Never, ever.. However, no one cares enough to stop it.

[Exbiker]

They do those here in the Pocono`s but they usually just set up and allow you to slowly roll by and can use many legit excuses to send you over to a parking lot where waiting troopers can scrutinize everything.

Personally I think ALL checkpoints are BS and violate unreasonable search and seizure, warrantless search and detention.

[FFEMT128]

Not sure about their legality but I know they run them quite often at Moraine State Park. I've gone through them several times. Got me once for having an expired registration(totally forgot to send it in after I wrote out the check).

[LittleRedToyota]

i believe the supreme court has rule that these checkpoints are legal as long as they are done in a systematic manner.

the supreme court ruled in delaware v. prouse, that officers cannot arbitrarily stop random individual vehicles for a license and registration check without probable cause.

http://caselaw.lp.findlaw.com/script...=440&invol=648

however, they also stated in the ruling:

(d) The holding in this case does not preclude Delaware or other States from developing methods for spot checks that involve less intrusion or that do not involve the unconstrained exercise of discretion. Questioning of all oncoming traffic at roadblock-type stops is one possible alternative.

so, once again, the supreme court failed miserably at reading comprehension...or maybe somebody gave them a copy of the constitution with an altered version of the 4th amendment that read:

"The right of [individual persons] to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated [unless that right is violated for all people--in that case, no one has the right to be free of unreasonable searches and seizures.]"

i guess the police could search houses without PC as well as long as they searched everyone's houses, then, eh SCOTUS?

and how the heck is my being subjected to an unreasonable search and seizure any less invasive because other people are being subjected to the same unreasonable search and seizure. holy epic fail in logic batman.

what the supreme court has done to the constitution is pathetic and disgusting. there really isn't any other way to describe it.

good grief.

[Kimba]

Wouldn't they have follow the same rules as DUI checkpoints? Public posting in newspapers and enough warning ahead of time on the road to allow for an alternate route.

Next question, can you refuse like the guy in the border patrol checkponits?

[Archiver]

I recall reading that the Supreme Court also mentioned in their decision that a couple minutes (paraphrasing) was not unreasonable. However, I was waiting in traffic in a checkpoint a couple years ago for TWENTY MINUTES!
I thought it was an accident but it wasnt. It wasnt even the PSP but the jackbooted thugs of Lehigh Township stopping cars right over the border with Carbon County. They were blocking 248 at the LehighGap. No announcement, and anyone who knows the area...the ONLY other route is at least a 20 minute detour over BlueMountain.

I REALLY regret not looking furtehr into the legality at the time.

[n3gov]

Wouldn't they have follow the same rules as DUI checkpoints? Public posting in newspapers and enough warning ahead of time on the road to allow for an alternate route.

Next question, can you refuse like the guy in the border patrol checkponits?

You turn around in MD and they see you....MD finest will run your a$$ down....I kid you not!

[Mootness]

Pennsylvania Constitution Article 1 § 21
"The right of the citizens to bear arms in defense of themselves and the state shall not be questioned."

I wonder how mad they'd be if you turned to them and said they can't question you, it's unconstitutional.

[shooter357]

Wouldn't they have follow the same rules as DUI checkpoints? Public posting in newspapers and enough warning ahead of time on the road to allow for an alternate route.

Next question, can you refuse like the guy in the border patrol checkponits?

I would and I will.

I wonder how mad they'd be if you turned to them and said they can't question you, it's unconstitutional.

They can ask you anything they want. You don't have to answer.
http://forum.pafoa.org/general-2/357...mes-duane.html