Nazi Checkpoints

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Drip, drip drip.  Chip, chip, chip.  The frogs in the pot don’t realize that the water is beginning to boil.

Citizens of the United States are supposed to be able to travel freely and not be subjected to unreasonable searches or seizures.  Although the Constitution doesn’t specifically mention “travel,” the right to travel has been a firmly embedded right since the Articles of Confederation guaranteed that “the people of each State shall have free ingress and regress to and from any other State.” There is also a long line of case establishing that states can’t treat newcomers differently than long-time residents unless the state restriction is necessary to serve a compelling state interest.

And in the 1999 SCOTUS case of Saenz v. Roe, 526 US 489 (1999) Justice Stevens notes:

The word “travel” is not found in the text of the Constitution. Yet the “constitutional right to travel from one State to another” is firmly embedded in our jurisprudence. United States v. Guest , 383 U. S. 745, 757 (1966). Indeed, as Justice Stewart reminded us in Shapiro v. Thompson , 394 U. S. 618 (1969), the right is so important that it is “assertable against private interference as well as governmental action … a virtually unconditional personal right, guaranteed by the Constitution to us all.” Id., at 643 (concurring opinion).

Then we all know, or should know, of course that The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…” The operative word being “unreasonable.”  Generally government can’t stop us or search our person without having some reason to do so.  Government can’t go on fishing expeditions.  Government is supposed to know what specific contraband it is looking to seize and particularly where that contraband is likely to be found prior to engaging in any search.  Government is not supposed to set up so called “dragnets” where it nets the innocent as well as the guilty.

If you are seized you are not free to go about your business.  What constitutes a seizure can vary from state to state, but generally if there is a show of authority (men in blue, orders to stop, guns, flashing lights, badges and other such acts/things) and you yield to that show of authority/force than you have been seized and prevented from going about your business.

This is a confusing area of the law.  On the one hand the cops can set up drunk driving checkpoints because of the immediate danger that freaking dumb drunks pose to the rest of us.   On the other hand Indianapolis v. Edmund, 531 US 32 (2000) made clear, at least for the time being, that cops can’t set up checkpoints with the purpose of interdicting illicit drugs.  Interestingly enough the so called “Conservative Justices” – Scalia, Thomas and Rehnquist were in favor of allowing random police stops of citizens going about their business. As Rehnquist noted in his dissent random law enforcement checkpoints are legitimate to “…checking for driver’s licenses and vehicle registrations, and because there is nothing in the record to indicate that the addition of the dog sniff lengthens these otherwise legitimate seizures, I dissent.”  Conservative my ass!!  He is a Republican.

My definition of a Republican: someone who thinks the government can do nothing right unless and until it comes to kicking in doors, searching, seizing citizens, legislating morality, law enforcement and the military and than the government can do no wrong. I’ve never been certain how some people can hold two mutually exclusive beliefs.  That’s me though.

Anyways, now that the foundation has been built: 1. we have the right to free intrastate and interstate travel and 2. we have the right to be free from unreasonable searches and seizures let’s look at some startling violations that are happening as we speak.  Tipping point?  You decide.

Tipping point?  You decide.  Chip, chip, chip, drip, drip, drip.  The water around the pot of frogs slowly comes to a boil.

GET OUTSIDE EVERY FREAKING DAY WHILE WE ARE STILL ALLOWED TO DO SO!!!!

How many campfires did you sit around this summer?  I know one thing, not enough!!

37Here I am catching a crappy wave.

17So GET OUTSIDE EVERYDAY © and rip it up!!


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12 Responses to “Nazi Checkpoints”

  1. Dean in Az Says:

    The checkpoint’s you noted are about halfway between Yuma Az and Gila Bend Az.I go thru them about a dozen time’s a year in my travel’s,as they have been there for several year’s.It’s not a new Obama program.This section of highway is a major route for illegal smuggling,both on the road and thru the desert.
    You pull up,roll down the window,they ask if your all citizen’s,a quick glance inside to see if there are any illegal’s or bale’s of pot,and your on your way.
    Aside from this video,there is another somewhere on Youtube of a minister that refused to cooperate.He ended up tasered or maced.
    So,would you prefer a minor inconvience,or more illegal alien’s,drug’s,and maybe WMD’s?

  2. Abraham Says:

    Dean-I’m willing to put up with scary stuff to preserve our liberty. re: drugs. I’d legalize just about all of them (regulated of course.) I’m also willing to put up with some crude talk that I hate in order to promote free speech. Small sacrifices lead to huge changes over time. For whatever reason you agree with this government intrusion. You may not agree with the next one. Drip, drip, drip, chip, chip, chip the water builds to a boil.

  3. Dean in Az Says:

    I think you missed a bit of my point.If we enforced the border properly,there would be no need for this type of thing. As far as legalized drug’s,ok,no problem.Hell,tax them too! I’m not sure where you live,but you will never see the “border fence” ever built,as it’s too long,and too rugged.
    But this type of thing is nothing new in the post 9/11 era.We all saw the teabagger’s with the sign’s saying,”READ THE BILL!”,but how long did it take to pass the Patriot act? 2 week’s? And it allow’s wiretapping,reading your email,access to credit card record’s,even “sneak and peek” warrantless searches.
    If you really want to see abuse of power,just look up “america’s toughest sheriff”,Joe Arpaio.He conduct’s illegal alien sweep’s all over the county every month,and he has been spanked by the fed’s several time’s,yet still keep’s them up.Same type of situation as in the video.

  4. Abraham Says:

    Dean – I agree with you that the borders need to be enforced. Joe Arpaio, isn’t he the sheriff that makes his prisoners wear pink jumpsuits, feeds them one tuna sandwich a day and sleep in tents in the desert.

  5. Dean in Az Says:

    I think they get bolonga sandwiches too.No coffee,you have to buy ketchup and mustard packet’s too! They do get cable tv,but only C-Span! Oh,and we have male and female chain gang’s for roadside trash pickup. Being the kind hearted guy he is,he allow’s the inmate’s in the tent’s strip down to they’re pink short’s when it’s over 105 outside.We’ve had a few inmate’s die from heat exposure tho.
    Deam in az

  6. Jack Says:

    The place for Border Patrol checkpoints is on the border. Immigration checkpoints that look for drugs and WMDs are not immigration checkpoints, but are unreasonable searches and seizures in violation of the The Fourth Amendment to the United States Constitution. If they’re trying to find drugs and WMDs, they should search for them at the border or conduct police investigations, don’t illegally detain and search every American going down the road inside the United States.

  7. The Other Mike S Says:

    The 4th Amendment protects against illegal search and seizure. It doesn’t qualify the right by saying it only applies when the government decides to let it apply.

    Border control is for the border. Not some checkpoint 50 miles inland, or via a DUI checkpoint anywhere in the country. It’s that whole, “probable cause” thing.

    Dean, I’m confused with your comments about the PATRIOT act. Are you saying that because we had our rights abused under Bush’s watch, that it’s OK under Obama as well? I personally bitched loud and long during the Bush years, as I am so far with the Obama years.

    And I’m unclear on what you find wrong with what Sheriff Arpio is doing. With the illegal aliens arrests, he asks suspects that have been stopped for something else what their nationality might be. When they can only answer the questions in Spanish, it is “probable” that they’re not in America legally. They are given the opportunity to prove otherwise.

    And with the prisoners, what is wrong with the treatment of his prisoners? They get two meals a day which meet the nutritional requirements of every group that has ever challenged him. Nope, it’s not gourmet, and I’m very happy about that. The people on the chain gang? Volunteers ONLY.

  8. adam Says:

    Great post. Those videos were very interesting. The gov does seem to make up the laws as they go, and MOST people are too scared to stand up and question their authority.

  9. Ian Says:

    Is the hopey changy thing working out for you guys across the pond.
    Trust in the messiah Obama…………..

  10. Greg Jeffers Says:

    I am a Libertarian registered as a Republican, and those videos deeply offend me.

  11. Michael Says:

    TIME TO START POSTING AGAIN!

    Michael

  12. Nazi checkpoints | Shakashakere Says:

    […] Nazi Checkpoints « Abraham’s BlogOct 4, 2009 … Nazi Checkpoints. by Abraham. Drip, drip drip. Chip, chip, chip. The frogs in the pot don’t realize that the water is beginning to boil. Citizens of … […]

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