11 ms·
When cars are stopped at a DUI checkpoint, the vast majority of the drivers haven't done anything wrong, and there's no reason to suspect any of them have done
by deathanatos 8y ago
When cars are stopped at a DUI checkpoint, the vast majority of the drivers haven't done anything wrong, and there's no reason to suspect any of them have done anything wrong. Nonetheless, such stops have been upheld as "reasonable". From Wikipedia[1],
> The Supreme Court held that Michigan had a "substantial government interest" to advance in stopping drunk driving, and that this technique was rationally related to achieving that goal (though there was some evidence to the contrary). The Court also held that the impact on drivers, such as in delaying them from reaching their destination, was negligible, and that the brief questioning to gain "reasonable suspicion" similarly had a negligible impact on the drivers' Fourth Amendment right from unreasonable search (implying that any more detailed or invasive searches would be treated differently). Applying a balancing test, then, the Court found that the Constitutionality of the search tilted in favor of the government.
Assuming one agrees with that ruling, I'm not seeing how chalking cars isn't a sufficiently minimal "reasonable" search to allow the government to enforce things it has an interest in. (Assuming also that parking enforcement qualifies as a "substantial government interest" — which, IDK, perhaps it doesn't.)
[1]: https://en.wikipedia.org/wiki/Michigan_Department_of_State_Police_v._Sitz https://en.wikipedia.org/wiki/Michigan_Department_of_State_P...
- tantalor 8y agoChalking fails the balancing test because parking enforcement is about generating revenue, not public safety.
- thaumasiotes 8y agoI'm not providing a legal opinion, just my view of what it says in the news article. I have no opinion on the legality. From a practical perspective, I don't see any problem with chalking and I think this is a mistake on the part of the court.
- henryfjordan 8y agoThe government interest in controlling parking (which is pretty safe) is MUCH weaker than the interest it holds in stopping drunk driving (which is very dangerous). The court is willing to give the police more lee-way when the stakes are demonstrably higher.
- ApolloFortyNine 8y agoIf every time I go downtown to shop there is no parking available, I'm going to stop going downtown. This is largely why these time limited parking laws come into play. I think thats enough to put chalk on a tire, if it's also legal to stop people and give them a breathalyzer (one is much more invasive than the other).