Monday, November 17, 2008

Why does this bother me?

http://www.dailygazette.com/news/2008/nov/17/1117_seat-belt/

I am always skeptical of stories about law enforcement organizing a "county wide" or "statewide" vehicle and traffic law enforcement program. On paper, these programs profess the lofty goal of keeping the roadways safe. However, the driving public pays a price that many of us would rather avoid. That price comes in the form of unwarranted government intrusion.

When you pass through a roadblock you essentially are being stopped and searched. Generally, in order to be stopped by cop in your car, the cop has to have a legal reason, such as he or she believes you were speeding or violating the vehicle and traffic law. That is because the US and NY State Constitutions prohibit warrantless searches or searches without probable cause. In the roadblock scenario, you are forced to submit to the full scrutiny of the police under the guise of a county or statewide enforcement program.

It is essential for democracy and freedom in this country that citizens keep drawing the line against warrantless government searches. Trust me when I tell you that these days, it is a constant fight against an increasingly intrusive government.

The fact of the matter is that the publicized threat of roadblocks will not change anyone's behavior when it comes to enforcing the seatbelt law. The same way stiffer DWI penalties will not change that behavior either. Maybe you don't care about passing through roadblocks but I'll tell you what, when that overzealous cop shines a 2 foot long mag light in my face and inquires about where I am going, I get very annoyed.

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