All right, I’ve had enough of this.
To everyone saying, “You agree to a breathalyzer, etc., when you accept the willful privilege of a drivers license”: The sobriety checkpoints are already arguably a violation of the Fourth Amendment, but just to clarify on that, I call upon the Fourth Amendment’s friend and well-respected colleague, the Ninth Amendment.
“The enumeration in the Constitution, of certain rights shall not be construed to deny or disparage others retained by the people.” Basically what this means is, just because the Bill of Rights doesn’t explicitly say a right exists (such as the right to petition) doesn’t mean you don’t have the right, which means the government also can’t violate these non-explicitly stated rights.
I don’t think it’s a far stretch, that if automobiles were around in the 1700s, that the founding fathers would have gladly added “person, houses, papers, effects, and automobiles” to the Fourth Amendment.
Matthew Rieger
Seattle
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