Houston is occupied. I should probably say "again," because troops in our streets have become all too common a sight in recent years. But, this time, they're not wearing the military uniform.
No, this time they are wearing the uniform of HPD's finest. They have set up road blocks all over the city, wear motorists are stopped arbitrarily, with no probable cause, and subjected to search and seizure of their cars, and bodies. And the courts have said this is okay.
So much for the fourth amendment...
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The Houston Police Department is operating under a general order, to search persons and vehicles at random, in order to identify drivers who are intoxicated. The mere act of driving a motor vehicle, puts you under suspicion of drunk driving, and serves as the "probable cause" to search your car, require a breathalyzer test, and arrest you and draw blood by force if you resist these unconstitutional actions.
But it's okay, they're doing it to protect us. They're doing it to keep us safe. We shouldn't complain, if we aren't doing anything wrong. What if we were the ones who were injured or killed by a drunk driver, then we would understand why it is necessary. Those are the arguments that I have heard in favor of this unconstitutional occupation of our city, and no doubt the same will be said in the comments of this post.
"They that can give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety." --Benjamin Franklin, Historical Review of Pennsylvania, 1759
And so, as I celebrate this anniversary of America's independence in a city under martial law wherein the most basic rights assured by the constitution have been suspended, I can only wonder why it is that we even celebrate. The freedom recognized by our Fourth of July festivities has long since been surrendered in the name of protection from the ultimate nanny state.
What do you think about these arbitrary "checkpoints?" Are they wrong no matter what, or a necessary evil? Do you see no problem with them at all? Or do you not even care...
Comments (45)
They will only stop, when we the people demand they stop. The problem is complacency and ignorance to the tyranny we fought to free ourselves from. Maybe when the nation is only fully under the gun and stop excusing and rationalizing tyranny--when they learn to recognize it's many faces...then and only then will they stop it
The government is vastly overstepping its bounds in an attempt to keep us all 'safe'. Thanks but no thanks--I'll take my chances against a drunk driver if it means retaining my freedom.
I am inclined to agree with Franklin on this one....
Merely driving a car should not make you a suspect... That is grossly overstepping their bounds. I agree with Benjamin Franklin. If we are going to give up our liberties and freedoms to the government in the name of keeping us "safe," we don't deserve it.
The Franklin quotation could be applied to more than just the checkpoints. I heard people quoting it when the wiretapping was made public a few years ago, among other things.
On the fine line between safety and liberty, our government seems to err on the side of caution. The challenge is how to figure out what to *do* about it. A local example: I participate in a bicycling club that "mobilizes" on Friday nights through town. We obey all traffic laws, etc... but the first few times the group went out, they were stopped by the police for "gang-like activity," simply because they were large in number. We complained for awhile, but now the group has organized a Critical Mass ride this month, to help raise awareness of cycling rights and safety. In addition, they added a community service component to some of the rides. Granted, my city is much smaller than Houston. And the situation affected far fewer people. That made it easier to act. It's tough to be creative, eh?
I think this is tilting at windmills. I suppose when the drunk drivers that might have been detected by a checkpoint run over a few kids then we'll carry signs and protest that the Police should have done something. In a perfect world we could argue checkpoints.
But personally I'd rather concern myself with the liberals (and it is about liberals and conservatives) who are trying to take away gun rights etc.
@SirDoc - This is exactly how this all started, years ago. The organization MADD was formed, and they've pushed for this type of police state mentality. I do not condone drunk driving as I had a brother who was hit and killed by a lady who it was said was drunk (she wasn't charged, but witnesses told me she reeked of alcohol). But also, I absolutely do not condone the administering of random sobriety test, random searches, and random stops.
I would refuse a search without probable cause (random stop eliminates probable cause in my mind), and would probably be tasered, since this seems to be the answer for anyone who doesn't fully cooperate.
I dislike drunk drivers and think they should be able to put up road blocks in certain trouble areas... after they have gained the permission of the local residents. However, the only type of search I had known of them commonly performing was to simply as a couple questions to determine the person's level of sobriety. (Because they wouldn't have probable cause until the person replied and sounded drunk. Or they could smell the alcohol.) Any farther than such would be unlawful unless they had PC.
Protesting shouldn't be our only option. Be prepared to vote politicians out, because they are going to try to portray the protesters as people who are soft on crime/criminals and play to other people's emotions rather than reasoning in order to preserve the (unlawful) "power" of the government.
These things are being done all over the country during any major holiday period. They are in response to hundrends and thousands of complaints annually about drunk drivers killing other people on the road. We invited this upon ourselves.
Searching our cars and our persons, however, goes beyond looking for DUIs. Each such case should be brought to court until the system chokes on itself.
I have heard of these roadblocks being placed in other areas around the country, this is the first I have heard of them within the state (I seem to recall you are from Houston, Texas, not one of the many other Houstons).
Constitutional bounds have been crossed long ago. This is another huge step towards a police state, and, from their perspective, a rather clever one. People are likely to support catching drunk drivers (I lost my best friend to one six years ago), and thus setting up illegal check points for that purpose may even be welcomed, paving the way for other illegal police and military activity.
I am wondering what kind of legal action can be taken against this. I should invest in a camcorder in case this takes place in Dallas as well.
I've argued against them since they started to pop up in more noticeably influential amounts two years ago -- checkpoints where they search you and possibly even confiscate your stuff that you legally own...say that you're guilty until proven innocent. It's B.S. and totally not what we need (last summer, there was a story of a city at war with itself (violent crime was a serious problem, due to the economy)...the governor set up these checkpoints saying that it would stop the murders -- but it didn't, in fact, the death toll rose daily and very closeby to the checkpoints themselves) for there even really to be a "necessary evil" argument.
It's crap. And it needs to be challenged and stopped, as far as I'm concerned.
Just out of curiosity - where exactly does this happen? Because I've been in Houston these past two months, driving all around... I was even taking adult driving lessons this past week, which meant I was driving pretty much from the Galleria to Downtown to the Village/Rice University, even most of the way up to the Woodlands at one point, and didn't see anything like this happening.
Roadblocks is not all....
Last weekend I had to travel back to the Midwest and was astonished by the number of speedtraps encountered along Hwy 59 on the way to Texarkana. I've been driving for forty years and this was the worst I've ever seen over an extended strestch of highway.
IMHO, it's more about a money grab than it is about public safety.
I'm a liberty lover like yourself. I would suggest perhaps suing the police department in a class-action movement. Then again the courts these days do about everything the can to ignore The Constitution these days...so I'm unsure. If you're familiar with the campaignforliberty.com, which should be huge in Texas, contact them and setup protests.
I don't condone random stops. I got a dui about 18 months ago, I was pulled over for improper lane usage (1st and only one, no property damage, no accident, no speeding, no passengers in the car, misdemeanor). My sentence was/is 90 day house arrest, 2 yrs probation, 75 hours of drug and alcohol treatment, 6 months after-care treatment, 9 mnth driving privilege suspension in IL and approx. $5,000. in fines. I NEVER drink and drive but DID this time and deserved the conviction. However. MADD was given my unlisted home phone number by our gov. I asume, and was called repeatedly. I saw their # and name on my caller I.D. They were calling from the east coast to my WI home. I also received gigantic amounts of junk mail from dui attorneys. DUI's are a lucritive and corrupt business. MADD and their practices are suspect in my mind.
@Irish_Russian - I agree with you on MADD and posted a comment.
@Irish_Russian - Perhaps I have a different level of tolerance. In the Corps we had MADD give drunk driving lectures and it was all professional, all about getting people to understand that there is NO acceptable level of driving after drinking. It had nothing to do with creating a police state. It sill amazes me after coming back to Ohio how many people think it's perfectly normal to drink then drive home.
Good lord. I've lived in several states from the East coast to the West Coast. They've had sobriety check points for the last 20 yrs at least. And as was pointed out, they first simply ask you some questions, ask to see your driver's license, ask you questions that will enable them smell your breath. A second office might scan your vehicle for open containers, etc. Only then will they move on to the next stages.
All this "Sue the pigs!" crap sounds like the flower power liberals that got the country in the toilet in the first place. The police aren't the enemy. (yet).
It seems to me that we are going to get all wrapped around the axle arguing about these things and it is nothing but a distraction from more important topics. We're being Boyd Cycled again... "Is that a rabbit over there! And we all look" In the mean time Little Barry Obama is wiping his ass with the Constitution.
Yes this is a blatant violation of individual rights.
Yes this is unconstitutional.
Yes it is absolutely wrong and unjustifiable.
Do I care?
Not really.
The American people no longer insist on freedom. They have become sheep, paying lipservice to freedom while simultaneously baahing for more protection and control. The sheeple have reached critical mass. There is nothing we can do until a critical mass of people decides to grow a spine and intrepidly stands up to the soft tyranny that encircles us day by day. We are controlled because the weak demand it. Even the few who had the balls to stand up to these psychopathic controllers wouldn't even go so far as to dump tea into a pond without permission from the ones wielding the stick. They point out the fact that our government is illegitimate, and yet they still bow and scrape.
There's nothing we can do. There are a few heros left, but most of them have been fooled into working for the controllers, and the vast majority of America is consumed by moral, psychological and physical cowardice. The American people are no longer worth fighting for.
I guess we do it different in Kentucky. We have roadblocks, yes, but all the cops do is ask to see your license and registration. It's not unless the person acts beligerent, or is obviously drunk or high, that the cops proceed to search the vehicle and whatnot. I have no problem showing the cops my ID and registration, since I don't drink or do drugs and have nothing to hide. And it's not like I'm being singled out to do so, either. Every car going in every direction has to do it too.
@SerenaDante - Do you listen to the radio? Do you watch the news? This isn't a conspiracy or speculation; this is openly admitted - and intentionally publicized - information. Defend the checkpoints if you like, but don't imply that they aren't happening. All that does, is tell me that you have no good defense of them so you'd rather attack the messenger.
@radicalramblings - I'm not defending any checkpoints. I just haven't seen them, and I figured that since I live and drive in Houston, I would have noticed them by now. That's why I'm asking where they are.
@SerenaDante - I live and drive in Houston, too. I also read, watch, and listen to the news, as well as pay attention to those billboards advertising the fact (there's one talking about it on 6-10 North, near the Shepherd exit).
@radicalramblings - Gotcha. That still doesn't answer my question, but whatever. As for news, the only thing I've found so far is this.
@SerenaDante - lol nice. i guess this was just a false alarm, then.