We all have our pet peeves. One of mine is checkpoints on roads. Seatbelt checkpoints, license/registration/insurance checkpoints, and DUI checkpoints all represent a questionable use of tax dollars, an excuse for police to go "fishing" for other violations, and an attack on my Civil Liberties.
Allow me state a few things to start.
1) I have never been charged with a DUI or alcohol related driving charge. This is not written from a sour grapes perspective.
2) In addition to my professional life as an educator, I work part time in bar security. So I do have some industry connection/interest in alcohol related laws.
3) I am not a lawyer, but I do instruct students on the Constitution.
So here goes:
The following articles explain in a nutshell that Apple caved to pressure and ended sales of an app that warns drivers of the location of DUI checkpoints.
LA Times Article
Daily Local Article - Chester County, PA
This didn't catch my eye in the national news at first, but I saw it today in the paper from my neighboring county. I have several bones to pick.
1) In PA the police are required by law to make notice of a DUI checkpoint. However they do this in a very non-specific manner. The state manual on this matter is a fun read. But lacks any real specifics on the level of detail needed in announcing the checkpoint.
PA DUI checkpoint manual
and from a law firm
Law firm run down of checkpoint law in PA
The Daily Local News article has the following interesting information:
While police regularly announce DUI checkpoints ahead of time, they generally withhold specifics on where drivers will be stopped.
“If you’re not drinking and driving, you don’t need the app,” said Plymouth Township Police Chief Joe Lawrence. “I personally think it’s a wasted application. By law, when we set up the checkpoints, we have to notify the people.”
So I have a right to be "notified" in a BS manner, but not a valid one?
2) Our Constitution has a 4th Amendment. It reads:
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.
I'd offer that stopping every single car on any given road at a specific given time is not reasonable.
3) Our Constitution has a 5th Amendment It reads:
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
My liberty is taken away when I am detained in a line of cars in a checkpoint. My procedural due process rights are taken away when the procedure is slow. Checkpoints are slow.
4) Checkpoints are fishing expeditions:
Read any newspaper story about the results of a DUI checkpoint. Funny how a lot of charges other than DUI become a part of the results.
CA DUI Checkpoint Results story
Congrats. This checkpoint resulted in:
Saw 1,381 vehicles pass through the checkpoint
•Screened 713 vehicles
•Conducted five sobriety tests
•Arrested one person on suspicion of DUI
•Served two warrants
•Initiated 30 driver's license investigations
•Issued 18 citations
•Towed 10 vehicles
WOW! One DUI and 1381 drivers were impeded in their travels.
5) My issue with Apple:
The DUI checkpoint app is legal. Why get rid of it? Apple needs to be aware of the role it has as a member of the media as a provider of media. They are not the press per se, but they need not bow to police and government pressure for helping people avoid the destruction of their Civil Liberties. Lame work Apple, lame.
A major thank you to anybody who finds the time to read this, comment on it, and/or correct any of my misuse of law, grammar, and spelling.
An additional thank you of a double major variety to anybody who tips and recs.