Michigan Drunk Driving Cases
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Bill of Rights Case -- HELP?
In my us history class, we need to create an arguement for a case that was given to us and we are required to use the bill of rights to back it up. Which amendment in the bill of rights goes with the following case? Im sooo confused!!
Case #5
In order to lessen the effect of drunken drivers, the state of Michigan instituted the idea of “Sobriety Check Lanes.” The concept involves setting up road blocks along certain high risk areas where a number of drunk driving accidents have occurred. Officers at these road blocks would stop you, ask you a number of questions, informally search your vehicle with probable cause, and subject you to a possible sobriety check (either manually or machine) to determine if you have been drinking. If you do not pass the test, or refuse to take the test (for whatever reason), you will be taken into custody and your car impounded.
I need to explain the amendment behind it, so please help =]
The fourth amendment. It goes like this:
"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."
In other words, before a policeman can stop you and search you, or your car, he must have a warrant issued by a judge, and to get the warrant he must swear that he has probable cause to suspect that you have committed a crime. And the warrant has to describe the place to be searched and also just what the cop is looking for.
We have a principle in the US that by applying for a driver's license you are giving 'implied consent' that if a cop suspects you are drunk he may test you. But he still has to have some reason to suspect you are drunk! In this case the cop has no reason to suspect that you're drunk, he's just stopping people at random and searching their car, which is unconstitutional.
Also, often police will set up these checkpoints in minority neighborhoods or poor neighborhoods, just assuming that poor or minority people are more likely to be drunk drivers or have drugs. This violates the principle of equal protection under the law, which is part of 14th amendment (though that isn't in the Bill of Rights).
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