Truth about government checkpoints

[dude58677]

They are not a violation of the fourth amendment a violation of the second amendment. We have a right to carry our guns so there is no reason to look through our pockets. It is argued that checkpoints are consensual so it doesn't violate privacy but it does violate the second amendment because I have a right to carry a gun so I should not be searched.


Or it does violate privacy but primarily the second amendment.

[echo1]

I think your making an interesting point here.

IMHO, I don't feel one "right" over rides another though, they are equal.

The 4th Amendment:

"The right of the people to be secure in their persons, houses, papers, and effects,[a] (https://en.wikipedia.org/wiki/Fourth_Amendment_to_the_United_States_Constitution #cite_note-2) 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 government has been able to confuse people about the 4th by claiming it's about privacy...as you can see, the word "privacy" is not even part of the fourths text.

The 4th is about limiting the governments/policing powers, not "privacy".

The 5th is also being violated at these checkpoints:

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation"

Really, the only way a person gets detained at a checkpoint is if they have somehow, thru words or actions, incriminate themselves.

Yes, checkpoints also violate the 2nd.

Checkpoints in the United States of America...who'd a thought.