Why is moving my body down the road a "privilege"?

Post #157,465 by deSitter 5/28/04 3:18:33 PM Reply	Why is moving my body down the road a "privilege"? Don't I have the right the bodily move myself at will? When did moving one's self about become a "privilege" - or is it? If not, how did the states get away with converting it to one? Related - are roadblocks legal? -drl
Post #157,468 by jb4 5/28/04 3:44:05 PM Reply	Its not the movement that is the privilege... ...its the use of the conveyance to move said body that is the privilege. Use what god gave ya...no problem; use what GM ~~gave~~sold ya...privilege. HTH jb4 shrub\ufffdbish (Am., from shrub* + rubbish, after the derisive name for America's 43 president; 2003) n. 1. a form of nonsensical political doubletalk wherein the speaker attempts to defend the indefensible by lying, obfuscation, or otherwise misstating the facts; GIBBERISH. 2. any of a collection of utterances from America's putative 43rd president. cf.* BULLSHIT
Post #157,469 by inthane-chan 5/28/04 3:50:44 PM Reply	Moving is not a privilege You are still free to walk wherever you choose. It is when you buy a 1-2 ton appliance for moving your body around that it becomes a privilege, due to the threat you present to other people. Now as far as roadblocks go, they are probably based on the assumption that you are still able to get where you want to go, but there is a justifiable public benefit to having the roadblock for whatever reason. I.E., you are not prevented from reaching yoru destination, just reasonably delayed for whatever reason the public sees fit. Tired of lying in the sunshine staying home to watch the rain. You are young and life is long and there is time to kill today. And then one day you find ten years have got behind you. No one told you when to run, you missed the starting gun.
Post #157,475 by boxley 5/28/04 4:01:48 PM Reply	roadblocks, unless done by Immigration or in hot pursuit are unconstitutional. Immegration specifically has the power to search for illegals, hot pursuit of a fleeing felon is a valid reason but just because roadblocks are illegal. A roadblock checking for drunk drivers is illegal. Investigating all citizens under the assumption that some are impaired is a violation of the 4th ammendment. thanx, bill Time for Lord Stanley to get a Tan questions, help? [link\|mailto:pappas@catholic.org\|email pappas at catholic.org]
Post #157,484 by rickw 5/28/04 5:01:52 PM Reply	Re: roadblocks, unless done by Immigration or in hot pursuit Are you sure that there isn't an implied consent when on public roads? For example, at least in the states I've lived, a breathalyzer is sort of mandatory. Of course you don't _have_ to take it based on the 5th amendment, but the penalties for refusing are exactly the same as a DWI. What I'd like to see some case law on is the _avoidance_ of a roadblock. If you are driving down a road, and you see a roadblock, then perform a legal U-turn, is that probable cause? I will possibly find out tonight. IANAL, but we're having some friends over this weekend, one of whom is a very liberal defense lawyer who handles lots of cases involving questions like this. Quick example: there was a nazi march in oregon, and a big protest march against it. A cop arrested one guy and searched (with no warrant) his backpack, which contained shoes, bread, and peanut butter. The cop's "cause" was that the backpack looked "suspicious." The jury didn't buy it. I'll post something about this later. FAQ! We're scrod!
Post #157,500 by boxley 5/28/04 7:39:16 PM Reply	In 1983 a roadblock was announced in Anchorage for a New Years Eve DUI Check. Word got out and people drove from miles around to refuse to stop. We went thru with our windows up holding signs saying we refused consent to search, no arrests were ade and the legislature qickly put thru a law forbidding such acts. thanx, bill Time for Lord Stanley to get a Tan questions, help? [link\|mailto:pappas@catholic.org\|email pappas at catholic.org]

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