Is it illegal...?
 
Question:
Avatar

If your license is suspended for a dui and you go through a checkpoint during that time, can the officers search your car without your consent and then put you in jail even if they did not find anything in your car?

By Anonymous Asked Apr 19 2009 8:27AM
13
Pts
 
 
Rate Question
Answer Question Help someone!
Get the latest questions in Is it illegal...?
flag

Welcome to Answerbag, a community of people sharing what they know.
Sign up now to ask a question or help someone else by giving an answer!

signup now
Sort answers by: Rating | DateArrow Down
 

Answer 1 out of 5

by Seeya says Dont Ever Give Up on Jun 23, 2009 at 6:27 pm Permalink

Avatar
Shapiro v Thompson,398 US 618, 89 S. Ct. 1322
A citizen must be free to travel throughout the United States uninhibited by statues, rules or regulation. this was meant as a comment.
0
Pts
 
 
Rate Answer
 
flag
Comments (be the first to comment)

Answer 2 out of 5

by txpeaceofficer on Jun 22, 2009 at 10:35 am Permalink

Avatar
You were DWLI (Driving While License Invalid) so you were arrested. They did not search your car they did an inventory to protect you from property loss and themselves from false claims of loss. You were not arrested for the contents of your vehicle.
0
Pts
 
 
Rate Answer
 
flag
Comments (be the first to comment)

Answer 3 out of 5

by Priscilla Duck on Apr 19, 2009 at 9:15 am Permalink

Avatar
Yes because driving while suspended is a crime in it's own right.
0
Pts
 
 
Rate Answer
 
flag
Comments (be the first to comment)

Answer 4 out of 5

by Bacchus...lives on Apr 19, 2009 at 8:27 am Permalink

Avatar
Yes. You have already committed a crime.
0
Pts
 
 
Rate Answer
 
flag
Comments
Avatar Seeya says Dont Ever Give Up Apr, 19 2009 at 10:01 AM
Google driver v. travler

Answer 5 out of 5

by Seeya says Dont Ever Give Up on Apr 19, 2009 at 10:07 am Permalink

Avatar
If you google driver v. travler you may find out alot a license is not required to transport your self or you property for personal use upon the public roads. US Supreme Court Case's Shapiro v. Thompson 398 US 618
Kent v Dulles 357US116,125 just 2 here there are more to back it up, some by state supreme courts
-1
Pts
 
 
Rate Answer
 
flag
Comments show all comments Show More
Avatar OhLook - IamNoLongerAnonymous Jun, 25 2009 at 10:18 AM
Huh? I would suggest you re-read Thompson v. Smith. In Thompson, the court held that the license could be revoked. The court stated:
...
"The power of a city to control and regulate the use of its streets is a continuing power to be exercised as often and whenever the city may think proper. The issuance and revocation of such permits by a city is merely a means of exercising the police power of the state delegated to the city to regulate the use of the public highways in the interest of the public safety and welfare. The Constitution of Virginia expressly provides that the exercise of the police power of the State shall never be abridged. Va. Const. § 159."
Avatar Seeya says Dont Ever Give Up Jun, 25 2009 at 02:51 PM
Applies to commercial use of the roads, since the public owns the roads. So long as the roads are used for private use and not for finacial gain. You as an officer of the court must protect the citzens rights, not the states or cities rights, you do not get to pick what is a right! the citzen does. you only pick out one case and do not attack all hmmm... you still have not said where you went to law school or named a proffessor. It leads me to believe that you may not be who you claim to be!
Avatar Seeya says Dont Ever Give Up Jun, 25 2009 at 02:59 PM
Mich. v Duke 266 US 576, 69, 449
State police power extends only to immediate threats to public saftey, health and welfare. do the cross on the states yourself.
Mulger v.Kansas 123 US 623, 659-60
" Our system of goverment, based upon the individualty and intelligence of the Citizen, the state does not claim to control him, except as his conduct to others, leaving him the sole judge as to all that only affects himself."


Add an Answer

If your license is suspended for a dui and you go through a checkpoint during that time, can the officers search your car without your consent and then put you in jail even if they did not find anything in your car?

How to write a good answer
Your answer:

Display answer in fixed-width font (good for tables or text diagrams)

Answers must adhere to our Terms of Use

To create links, just type the address with no HTML code. Use the Preview button at the bottom to verify.

You can edit your answer at any time.

Add Video Add Iimage


Important: Answerbag cannot guarantee the accuracy of answers submitted by members, and we recommend that you use common sense when following any advice found here. Read full disclaimer.