stephenb linux geek. foodie. libertarian. mobile addict.

16Aug/091

Police State

Burning_Constitution_SmallMaybe he saw it my eyes when I saw the blue lights on the horizion, or maybe he just knows me too well.  "Stephen, don't drag it out. Just cooperate so we can go home," my friend in the passenger seat pleaded.

As I approached the checkpoint, I contemplated my reaction.  Any number of responses flew through my head, none of which was cooperation.  The Officer approached and I greeted him Good Evening and asked what the purpose of the checkpoint was.

"A safety inspection, sir. Can I see your license?"

Unsatisfied with his answer, I asked, "Do I have to provide my license, sir? Am I being detained?"

His answer was short: "Yes, you must comply."

Leaving me with cooling Wendy's on the floor next to me, and the only option being compliance or spending the night in jail, I whipped out my Georgia license and he shined his flashlight on the cracking plastic.  After a walk around my car, I was free to go.  I continued on my way, disappointed I hadn't resisted further.  My friend complained I was making too big a deal of it.

I did not drive erratically, consume any alcohol, or have an expired tag.  My crime was being hungry on a Friday night in Chamblee, Georgia. The Supreme Court has ruled that checkpoints are a seizure within the context of the Fourth Amendment but, on balance, the small infringement of the fourth amendment is acceptable when furthering a worthy goal like reduction in DUI's. That means: the checkpoint in Chamblee was a blatant violation of the Constitution.

Since when are "little" violations to the Constitution acceptable?

   

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