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Texas Agency Wants To Set Up Statewide Driver’s License Checkpoints
Motorists would be required to prove legal U.S. residency
Steve Watson
Infowars.net
Wednesday, Nov 12, 2008
The Texas Department of Public Safety Commission wants to set up statewide driver’s license checkpoints and has requested a ruling on their legality.
The agency wants the checkpoints to enable authorities to stop motorists and ask them to prove they are legal U.S. residents.
The checkpoints would be staffed by state troopers or local police who would have the power to review drivers’ licenses, vehicle registrations and proof of insurance.
AP reports that State Senator Leticia Van de Putte (D-San Antonio) and 14 other Texas lawmakers have penned a letter to Texas Attorney General Greg Abbott demanding that he ignore the Department of Public Safety Commission’s request claiming it is irrelevant because no DPS checkpoint program has been authorized by the state, a regulation that has been in place since 1994.
The lawmakers also say such a move would constitute unauthorized immigration policymaking.
Following a 1979 Supreme Court ruling, it is considered unconstitutional to conduct random traffic stops to check driver’s licenses without reasonable suspicion. However, road blocks and spot checks have increasingly been used by police.
Regular driver checkpoints have increasingly come under scrutiny elsewhere across the country with some judges ruling them unconstitutional and illegal. Lawmakers have also challenged checkpoints and introduced bills to outlaw them. Rep. Charlene Lima, of Cranston, who sponsored a 2005 bill, said the checkpoints violate people’s civil rights, and “smack of a police state.” The American Civil Liberties Union also opposes checkpoints.
(Article continues below)
The U.S. Constitution states that police cannot stop someone and conduct an investigation unless there are “articulable facts”. Within the language of the 4th Amendment driver checkpoints constitute a “seizure”.
A more sinister aspect of driver checkpoints has been the move by police in recent years toward taking blood and saliva samples rather than employing breath tests, which can be challenged. As this report from the Wall Street journal explains:
“In the past, police routinely asked suspected drunk drivers to blow into devices that extrapolated their blood’s alcohol content from their breath. Now, authorities in most states are taking blood, by force if necessary.
Laws in at least seven states allow police to take blood without the driver’s consent, without explicitly authorizing force. In most other states, court rulings have authorized reasonable force to obtain blood. Many such rulings cite a little-known fact about driving laws in the U.S.: All motorists are considered to have consented to a search of their blood, breath or urine. Such “implied consent” laws were introduced in New York in 1953, and today all 50 states and the District of Columbia have them.”
In other instances police have been caught putting signs up warning drivers of upcoming checkpoints where in fact there are none and then detaining and searching drivers who make illegal u-turns or desperately fling contraband from their vehicles.
Now Texas officials, including the Governor Rick Perry, who also supports the checkpoints, want to have the legal right to force motorists to prove they are U.S. residents.
It is now the norm to consider everybody equally likely to be guilty of something than innocent. This is proactive policing, not preventative or reactive policing. And the worrying thing is that this kind of policing is more widely indicative of a society that is NOT free.
The 4th amendment was specifically created to protect the American people against this type of arbitrary enforcement activity by over-reaching agencies. It would seem however that a modern day ‘writ of assistance’ is being operated by law enforcement officials.
Far from increasing the security of the country, these checkpoints serve as little more than obedience training for the burgeoning American police state.
If you encounter a checkpoint you should ask the personnel there if they are officers of the law, whether you are being detained or not and if they have probable cause. If the answer to one of these questions is no then there is no lawful right to stop you.
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63 Responses to “Texas Agency Wants To Set Up Statewide Driver’s License Checkpoints”
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November 12th, 2008 at 12:10 pm
One word sums this up perfectly, creepy!
November 12th, 2008 at 12:11 pm
let me get this right, they can set checkpoints statewide, but they can’t control their own border !!!!!!!
http://www.youtube.com/watch?v=lm_xX1Ur43I
goldieshouse.piczo.com
November 12th, 2008 at 12:22 pm
Does anyone know what kind of handshake this is…………
http://ca.youtube.com/watch?v=iC1keQH68HE
November 12th, 2008 at 12:26 pm
This is what the German Gestapo and the Russian military did. Constantly harassing you for your fucking papers!
@ Rich, Your exactly right. What the fuck are they going to accomplish with this? All of that manpower could be better utilized on the border. How many felonies committed by illegal aliens are completely ignored and they are going to issue traffic tickets to some poor slob because he left his license at home?
This is bullshit.
November 12th, 2008 at 12:34 pm
If anyone wants to know how to deal with these warrantless, suspicionless, unconstitutional checkpoints check out “CheckpointUSA” on youtube.
http://www.youtube.com/user/CheckpointUSA
The guy in these videos drives up to the checkpoints in his area with video rolling and camera snapping away. When asked his citizenship he responds “What is the purpose of this stop?”
When asked again he responds “Am I free to go?”
When pressed he asks “Am I being detained?” This guy from CheckpointUSA is a brave and intelligent patriot, and is showing us exactly how to establish our Unalienable Rights.
“The Right of the People to be free from unreasonable search and seizure shall not be violated.”
November 12th, 2008 at 12:48 pm
And the brown shirts say, “Your papers please comrade….”
November 12th, 2008 at 1:25 pm
“Following a 1979 Supreme Court ruling, it is considered unconstitutional to conduct random traffic stops to check driver’s licenses without reasonable suspicion.”
Where can I find this ruling? Please post a link…I’ve searched and cant find
November 12th, 2008 at 2:12 pm
DUI checkpoints are also unconstitutional.
It’s one thing to stop someone who’s driving erratically. It’s quite another to stop someone at random. That’s like going house to house searching for drugs or something.
November 12th, 2008 at 2:15 pm
I hate ti say this, but this is what we wanted as a people. We bitch and moan about public safety, and not enough laws to protect the citizens from criminals, etc. then when laws are passed for our protection (usually to avoid frivioulous lawsuites) that start to inconvience us, we start screaming constitutional violations.
Its like Americans want it both ways. They want the cops to catch the bad guys, but then don’t want to be inconvienced in thee process.
November 12th, 2008 at 2:26 pm
One word sums this up perfectly, Nazi
November 12th, 2008 at 2:38 pm
Micha’el Says:
November 12th, 2008 at 1:25 pm
““Following a 1979 Supreme Court ruling, it is considered unconstitutional to conduct random traffic stops to check driver’s licenses without reasonable suspicion.”
Where can I find this ruling? Please post a link…I’ve searched and cant find
”
Micha’el:
I’m POSITIVE that it was always Unconstitutional to perform ANY KIND of warrantless search or seizure without PROBABLE CAUSE. Meaning they have to be stopping YOU PERSONALLY on reasonable suspicion of a crime.
“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.”
“We have probable cause, and reasonable suspicion of everyone who travels on this road” will NEVER ever stand up.
So, just ask to see the Warrant supported by Oath and signed by a Judge. Or just ask if you’re being detained, and if you’re free to go.
The best example of this is at http://www.youtube.com/user/CheckpointUSA.
Please don’t depend on 5 of 9 appointed people to tell you your rights. YOU KNOW YOUR RIGHTS! All the Constitution, and Supreme Court do is remind you of your rights. They are GRANTED BY GOD. Those who attempt to rule us want us to somehow forget we have rights. Whatever they say or whoever they deploy doesn’t make a bit of difference. We are FREE. They can bluff us into living as though we are not, but we are. Period. It comes down to if you’ve hammered it home in your own heart. Read the Constitution 1000 times if you have to, but FEEL it in your heart.
November 12th, 2008 at 2:45 pm
I think I’ve caught Barky doing something he wouldn’t want his moonies to know, what do you think
http://ca.youtube.com/watch?v=iC1keQH68HE
November 12th, 2008 at 3:02 pm
This is why I always carry a gun in my car, if a cop stops me… no more cop!
November 12th, 2008 at 3:07 pm
Someone I know was stopped twice on two consecutive trips to Big Bend Park – once in Sonora, the other in Del Rio (both TX). On both occasions, illegals were coming through the barb wire border fence in full view while he was being asked for his ID. He asked twice about the illegals (in one instance, getting into a waiting cab which he was told was to bring them to US Social Services for money, so they pay the cab and go to the DMV to get a driver’s license), and was told to ignore it because they were told to do that also. The second time he wanted to videotape it. He was told in no uncertain terms, not to.
Fourth Amendment? What a joke. Wake up Amerika.
November 12th, 2008 at 4:17 pm
Theyr are going over the bill of rights like it is a game destroying what is left, maybe the state who gets rid of them all first getes a free trip to another country of your choosing, one with rights for them that is.
November 12th, 2008 at 4:26 pm
THIS IS A FREAKY SIGN, ESPECIALLY FOR YOU PEOPLE IN ENGLAND.
http://www.dailymail.co.uk/sci.....being.html
November 12th, 2008 at 5:07 pm
poor puppet! they look funny!! idiots!! the people are watching them!! and when they get them their gov. it’s not going to be there!! for them to help them!! cops are fools
November 12th, 2008 at 5:10 pm
“The Texas Department of Public Safety Commission wants to set up statewide driver’s license checkpoints and has requested a ruling on their legality.”
RESPONSE: It’s illegal. United States Constitution: Amendment #4. CASE CLOSED.
How hard was that? Apparently very…
Seriously, what’s the difference between the average American person and the average German person back in Nazi Germany? I am failing to find any difference!
Hitler lied and killed, and they cheered.
Bush lied and killed, and “we the people” cheer.
Obama will lie and kill, and “we the people” will cheer…
November 12th, 2008 at 5:12 pm
its a SHAME there is no due diligence in watching the bankers
if peace officers must police at least police the big criminals
[hold up them and their money tranpheres
not the moterist on the toll road
but we are the sheeple
its we who get shorn
while the police percicute victimless crime
[a licence is only needed if your 'driving ' as a means of income
same with rego [a vehicle is a conveyance for buisness]
if your not doing buisness then nop licence or rego may be mandated
but no lawyer is going to tell you no victim no crime
[legall standing in court DEMANDS a victim
magna carta declare no self incrimination[testimony of two is needed [who must have personal injury [the court may adudicate ,if injury is proven
but the masters must train their serfs
to not know their rights nor the law[via cop shows] on the s0ld out media
November 12th, 2008 at 5:23 pm
WOW THE AMERO IS HERE YOU HAVE TO SEE THIS NOW!
http://www.youtube.com/watch?v.....re=related
November 12th, 2008 at 5:45 pm
If you’re fed up with being treated like a subhuman herd animal, stop acting like one. Stop running out to vote in elections like a brainwashed primate, stop listening to the grinning idiots on TV, stop using their money and stop supporting their system.
All we need to do to unseat our rulers is stop using their money. When we switch to an alternative currency their system will fall. The central banks will dissolve and their political actors will be out of a job.
Here’s an alternative…
Don’t fight the system:
Replace it
http://socialviability.com/
November 12th, 2008 at 5:50 pm
AMENDMENT IV
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searchs and seizures, shall NOT BE VIOLATED, and no Warrants shall issue, but upon PROBABLE CAUSE,…”
( these road blocks are aviolation of our Bill of Rights) = a nazi tactic!
November 12th, 2008 at 6:27 pm
http://www.youtube.com/user/CheckpointUSA EXCELLENT VIDEO!! EVERYONE SHOULD LEARN FROM THIS!! Thank you sooo much chris diminie we all need to be reminded we are not pet dogs, but free people, and the slaver/bankers are our enemy, of free people everywhere!!!!
November 12th, 2008 at 6:39 pm
Crimes against Democracy include:
Civil Forfeiture Laws
Self Regulating Judiciary
Mandatory Sentencing
Limits on Free Speech
Government Control of the Internet
Warrantless Arrests and Vehicle Searches
Allowing Crooked Lawyers to Practice Law
Allowing Crooked Judges to Remain on the Bench
Government Spying on the People
Infringement on Privacy Rights
Infringement on the Right for the People to use Strong Data Encryption
Infringement on the Right to have the Government Leave you Alone.
Infringement on the Right to Protest
All of these have been violated exclusively during the last administration and will continue.
November 12th, 2008 at 7:28 pm
This is a violation of the Forth Amendment to the Constitution. They can easily do this during regular traffic stop, with probable cause.
I live in Florida, how many times do you read of illegal aliens committing vehicle manslaughter that have been through the system so many times they have frequent flier miles.
This is another get use to it move, paper please comrade. They do nothing to close the boarders but will subject us too Gestapo type check points in America.
Think about it, it might be the last thing you can do before they outlaw thought.
November 12th, 2008 at 7:37 pm
ALL SHOULD WATCH THE VIDEO THAT #23 IS POSTING! BESIDES THE FACT THAT THEY ARE USING NATURALIZE CITIZENS(WHO ARE NOT AMERICANS AND ONLY CARE ABOUT THEIR STATUS AND NOT THE CONSTITUTION)WHO REALLY KNOW NOTHING OF THE LAW AND JUST AS THE”AGENTS”SHOWED ARE CONDUCTING UNCONSTITUTIONAL CHECKPOINTS!
I HAVE BEEN STOPPED BY POLICE AND ASKED FOR MY ID IN THE STREETS AND GUESS WHAT? I WAS TOLD THAT IT WAS ILLEGAL(COLOR OF LAW) TO REFUSE TO SHOW AN ID AND IT WAS AN ARRESTABLE OFFENSE. I TOLD THE OFFICERS THAT THIS WAS NOT NAZI GERMANY AND THAT I WOULD RATHER BE ARRESTED BEFORE SHOWING THEM MY ID. GUESS WHAT? I WAS TOLD I WAS FREE TO GO!
THIS SHIT IS OUT OF CONTROL AND WE MUST TAKE IT BACK!!
November 12th, 2008 at 7:51 pm
Show me your papers! I want to check all of your documents! Get out of the car NOW! I am going to search your vehicle! Face down, ON THE GROUND NOW!
So, this is America, land of the free? I think not!
November 12th, 2008 at 8:29 pm
This will never happen in Texas without a massive resistance that could end up in violence. All Bark and bite!
November 12th, 2008 at 9:06 pm
Texas, home of the worst president in history, lives up to its reputation as home to racists, bigots, but ironically this is the example of the right wings reaction to recently loosing political power on the national level, you will see attempts like this to re-establish their dominance by using hatemongering, racism, bigotry to obtain what they have lost, national power, but reality is they cannot see the writing on the wall this very racism, bigotry, anti-hispanic rhetoric cost them the 40% hispanic vote they had in 2004 election, they really are determined to cut of their very noses to spite their faces!
November 12th, 2008 at 9:20 pm
You have to love the solutions bureaucracy finds for problems. Such morons.
November 13th, 2008 at 2:13 am
The function of the American government is 2 destroy the United States. As such, they do not enforce laws on spix. They pimp the scam by implying it will B used in part 2 round up ‘illegals’. It will of course not. U would think decades of non-enforcement of the border would teach U 2 ignore their lies! The spix will B ignored, perhaps with free coffee & donuts from the pigs (cops) as they pass. YOU will B harassed (U white ‘tards who voted 4 Senator Turdball).
U get what U deserve. Soon enough America will B a 3′rd world sewer, thanks 2 fat weak ugly stupid suicidal Walmart slaves like YOU! =)
November 13th, 2008 at 4:11 am
Beaners have already overrun the country. What difference does it make now? The feds are traitorous globalists and and have no intention of enforcing Article 4 Section 4 of our Constitution or of protecting our language, border or culture. This is how they destroy the sovereignty of nations. The federal government is now the enemy of the people.
November 13th, 2008 at 4:26 am
If these checkpoints are going to happen,why not have information also passed out to help commuters,from competitive mechanical repair,that isn’t insidiously commercial,to even like the fellow is suggesting a wholesome sample,of say ,an organic doughnut and non flouridated organic tea..To personal services non medical.After all coppers on duty get sore backs and safe manipulation,or machine vibration could help.Have one on the job,if your toes aren’t going to freeze.Woollen socks ,for cheap sale!Not every copper is an impolite moron,even when they are non U.S.A. Citizens they are dealing with,or those people too.Stop influenza type diseases naturally with a hot herbal drink,even if,a government body sees that as bunk.Their truths aren’t real.Civil Liberties people could be on the job with coppers,and some coppers may welcome that.As a witness,legal representative of drivers,and a help to Police as well as drivers.Instant social assessment of drivers’ problems,including illegals.Better representation all round,and convivial relationships between law enforcement,and those who can represent fairly… drivers,to even change the laws if necessary.
November 13th, 2008 at 4:33 am
So which one of you arses, have grandparents ,,, or great grandparents from another country, before you start knocking spix!
Every American is an illegal alien! Ask any native American living in Captivity on some reservation in the middle of bum crap land!
November 13th, 2008 at 5:30 am
this may inspire someone to start sniping dps troopers?
November 13th, 2008 at 6:24 am
is you have nothing top hide why worry???
November 13th, 2008 at 6:39 am
Dawg says: if you have nothing to hide why worry???
You are the reason America is turning into a fascist police state.
November 13th, 2008 at 8:01 am
Whoa! Am I missing something here? Obama is not even the President yet, last time I check Bush is. This is all taking place now! Any US president is a PUPPET of the GLOBAL Elite!!! Don’t use this as an excuse to be a racist. They found another way to divide us that has not been used in this country. When you diminish any race or creed of people it serves them not us.
All the racial slurs are also very sad. That we would refer to anyone in that way is wrong people. Those comments only serve to divide us people of the world who are the victims of the global elite.
You can choose to understand that we are all humans children of God which deserve love and respect. When they divide us they win. Those people in 3rd world countries have been victimized for years while we first worlder’s did nothing. Now it is a problem because it is affecting our country.
We must come up with solutions to protect our borders, and keep our sovereignty and humanity. dehumanizing people by calling them Beaners spix or and other names only serves there grab for control. Our common enemy is the global elite and anyone who undermines our Constitution and sovereignty.
November 13th, 2008 at 9:04 am
Dawg –
I pity and pray for the man that has been enslaved. I detest the man that petitions for his own enslavement. You’re free to be a threat to yourself, but you’re also a threat to me.
November 13th, 2008 at 9:30 am
Number 9, you are exactly correct.
The sheople wanted this crap and now those who have little fear of turrurists are being enslaved by it. We did not ask for it nor appreciate it. The goal always was to enslave Americans. The sheople are just too stupid to understand that the threat never was some olive skinned man with a towel on his head. It is truly sad how stupid people are.
November 13th, 2008 at 9:34 am
In the Dallas area they do these illegal stops all the time, and everytime i call the police station and complain. I have gotten a sargent on the phone and he didn’t even know if it was legal. The police are run by school yard bullies, who need to have their asses kicked.
We live in a “FREE” Country with the “MOST” rules and laws!
NO MORE TAXES! NO MORE NAZI, I MEAN POLICE!
NO MORE!
November 13th, 2008 at 11:29 am
In regards to all the comments on this issue,someone mentioned above that you didn’t have to even possess a license if you didn’t make your living by traveling the highways and byways,same goes for vehicle registrations or insurance.
This link will clear a lot of this misrepresentation up,
http://www.the7thfire.com/Poli.....Right.html
this is a 40 plus year study of supreme court case rulings that in fact An American citizen has the “RIGHT” to travel uninhibited and “UNTAXED” across this land of ours,not until some jack off decided that licensing citizens would be another way for them to line their pockets.
Thing is,this bulletin was sent to all police forces,nation wide and they choose to ignore it,
Solution,SUE the cop in civil court when you have been violated,they can say they were doing their job,but any court will have to side with the victim(you) in such cases where an officer claims his job was to violate your Constitutional rights,you won’t be in his court with him showing the court that you’re a criminal,you will be in a civil court where a judge is obligated to protect your civil liberties against any and all who would violate them.
The evidence in the article is concrete,and is backed by several final statements by the US supreme court upholding a citizens right to travel without being taxed for it(ie:),license,insurance or even a vehicle registration,if the judge in a civil case finds against you after you present your evidence,sue him also,
Judges are not above prosecution for violation of civil liberties,and in fact,they should be removed from their position if they were to do such injustices,
Bottom line is this,,just because someone in the chain of command finds it necessary to violate your civil liberties,doesn’t mean that the officer is obligated to do so,Inform the officer that you intend on suing them if they see fit to violate your rights as a citizen,to the people that suggest driving away,I wouldn’t recommend that at all,because in that instance,they will just chase you down and shoot you,and remember who writes the reports,they do,if you have to,let them arrest you,they will have to invent a charge,and just a little bit more knowledge,an officer cannot file a disorderly conduct charge against you UNLESS there is a formal complaint by a CITIZEN,you can not be found guilty of disorderly for not complying with an officers un-Constitutional request to prove who you are,as for the mandatory blood test,I’ll piss in their face,but that’s the only fluid they’ll ever get from me while I’m alive,any cop out there or judge or prosecutor for that matter will definitely feel the sting of my 54mm cannon if they decide they have the right to take from me something that they can or possibly could use against me in a court of lawless,
The 5th amendment guarantees you the right to not have to testify against yourself and guarantees you the right to not be subject to questioning that may cause you to incriminate yourself,this includes your bodily fluids being used against you in court,that is self incriminating and is un-Constitutional.
Read the report,it will definitely shine a light on the issue of driving as a right or a government granted privilege,,I would love it if everyone forwarded this link to everyone they know,I have to the tune of about 100 people,hopefully they did also.
INFERNO
comments also expected
November 13th, 2008 at 11:42 am
In Texas, ha ha ha ha ha!
How many years have we been listening to gun crap and bible crap from this redneck state of pretend tough guys?
Most of these fat, fat fat lazy retards with a gun and a bible in their big stupid gas guzzling SUV’s couldn’t last five minutes in a scrap with a skinny little Arab. But they vote for Bush, the support the Patriot act, they blow smoke about communist Cuba and China not being free while they sit by and let Bush steal our rights day after day.
You fools clinging to your guns have supported the rise of the Christian extremist reich, and enabled the Bush fat cats to do whatever they want.
Your reward? Ha ha ha, your reward is to be the first state in the nation to submit to the “papers please” check point ala Nazi Germany.
It couldn’t happen to a more deserving state. FU Texas!
PS I probably hate Obama and these fascist Democrats more than most of you do. I am all Green, dialed in and far far far from Texas.
November 13th, 2008 at 12:11 pm
When the founding fathers wrote the constitution they screw up when they allowed a state to succeed but didn’t write a provision to allow other states to kick their asses out of the union.
Howdy partner, your papers please…
November 13th, 2008 at 12:14 pm
All this debate is academic. What we should really be concerned about is how long it will be before Sarah Palin poses for Penthouse. I can’t wait to see her in soft-focused, naked glory. YUM!
November 13th, 2008 at 12:34 pm
This is a good thing. All of you drunks need to be off the road my any means the police have. The comments here are pathetic. You people are paranoid drunkin idiots and if you have nothing to hide why not support the checkpoints? This is why INFOWARS.com is banned from my website boards. Idiots.
November 13th, 2008 at 12:52 pm
This is really what it is all about.
http://nestmannblog.sovereigns.....r-may.html
November 13th, 2008 at 1:14 pm
number 48 you got to be kidding me so you treat everyone like a criminal ha the ends doesnt justify the means so what you could check a million homes and find 5 pedophiles and you would say that ok if you do sir than you are not american. protect your freedoms because it affects me as well when others give theirs up
November 13th, 2008 at 1:53 pm
Regarding #48’s comment:”if you have nothing to hide why not support the checkpoints?”
If it not amoral or wrong, then let me watch you shit and have sex. If you’re not doing anything wrong what do you have to hide?
Your privacy…that’s right.
November 13th, 2008 at 2:00 pm
Hey Alex i found this story at:http://cbs11tv.com/consumer/drivers.license.checkpoints.2.862277.html
Nov 12, 2008 7:58 am US/Central
DPS Aims For Driver’s License Checkpoints
AUSTIN (AP) ― The state’s top law enforcement agency has asked Texas Attorney General Greg Abbott for a ruling on the legality of setting up statewide driver’s license checkpoints but 15 lawmakers say such a move would be unauthorized immigration policymaking.
A number of state legislators argue the Department of Public Safety Commission overstepped its authority Aug. 25 by issuing new rules requiring applicants to prove they are legally in the U.S. before they can receive a Texas driver’s license or identification. Two weeks later, lawmakers were further disturbed after learning the commission’s chairman, Allan B. Polunsky, wanted a ruling on the checkpoints.
“A state agency is making immigration policy for the state of Texas, and that is not their job,” State Rep. Ruth Jones McClendon, D-San Antonio said in a story Tuesday for the Houston Chronicle’s online edition.
Polunsky did not return the newspaper’s calls for comment.
State Sen. Leticia Van de Putte, D-San Antonio and 14 other Texas lawmakers sent Abbott a letter asking him to ignore the commission’s legal opinion request because the Legislature has not authorized a DPS checkpoint program.
It’s unclear when Abbott will issue his opinion.
Staffed by state troopers or local police, the checkpoints would stop drivers to review their licenses, vehicle registrations and proof of insurance.
Checkpoints have not been allowed in Texas since the state Court of Criminal Appeals ruled in 1994 they must be authorized by a “politically accountable governing body at the state level.” That case involved a sobriety checkpoint in Arlington. In 1979, the U.S. Supreme Court ruled that random traffic stops to check driver’s licenses, where officers did not have reasonable suspicion, were unconstitutional.
However, the ruling does not prevent state “spot checks that involve less intrusion or that do not involve the unconstrained exercise of discretion,” the justices wrote. “Questioning of all oncoming traffic at roadblock-type stops is one possible alternative.”
Some say the proposed driver’s license checkpoints and the new driver’s license rule requiring proof of legal U.S. residency could be problematic.
“Our number one concern is the potential for profiling since it puts the immigration identifier on the license,” said Luis Figueroa, legislative staff attorney with the Mexican-American Legal Defense and Educational Fund. “It leads to potential profiling, whether it’s a police officer who is going to scrutinize someone closer, or a landlord who may not want to rent out a property.”
Gov. Rick Perry favors the checkpoints, said spokeswoman Allison Castle.
“Police officers and law enforcement believe this is an important technique in protecting the public, and to that end, the governor supports providing our law enforcement officers with the tools they need to ensure public safety,” Castle said.
November 13th, 2008 at 2:39 pm
Regarding #48 and #51:
Check out Beria’s statement regarding “if you have nothing to hide”
http://1984usa.com/higherlearning/?p=692
November 13th, 2008 at 2:52 pm
You could have read this article on your HDTV with http://www.freedomonmytv.com!
November 13th, 2008 at 5:25 pm
Stopping and searching people at random violates the presumption of innocence. Only nazi scum does that. If nazi scum abroad had to be shot, what must be done to nazi scum that has already invaded the US?
November 13th, 2008 at 6:35 pm
Mr Tom Bowers,
You sir, are an idiot!! First of all I do not drink, and I am not paranoid. I, unlike yourself, have the BALLS to question these incursions on my liberty and freedom. These checkpoints are not a device specifically implemented to catch DUI’s. They are just another tool of harrassment and civil bullying. They automatically permit themselves to rifle through anything that passes through their barricade, and that is plain communistic. You Tommy Bowers, are the PRIME reason there are so many morons running amok in this country. We can certainly hope that you have lost the capacity to breed. You are the reason Obama is now president elect. You are the reason our country is falling to pieces. You are the giant lurching ignorance that has cost us many of our liberties. I love my country, but understand this. If you show up on my doorstep, it will be a hard learned lesson for the Bowers family, you Marxist shitbag!
November 13th, 2008 at 8:14 pm
dammn all you slaves do is bich,can i have some bread .can i have water.pleas dont kill me well ,just shut the hell up and showe your slave papers,trust me youll do so much better leting the police state think for you.
November 13th, 2008 at 8:56 pm
They can shove that check point up their asses!
November 13th, 2008 at 9:21 pm
I just love it when my fellow Americans come to the defense of our nation and of our rights, and put puppets like Mr. Bowers in their place, I will stand proudly with all of you to defend this country and the Constitution, unlike the crooks in Washington who swore an oath to defend it and prove otherwise on a daily basis. I salute you all for understanding that our Constitution and Bill of Rights is ALL that come between us and tyrrany, our forefathers understood this and tried to protect us and now we must carry the torch and protect these documents so they can continue to protect us in return, Rick Perry can go to hell, we are more free than he will ever be able to understand, for unlike him we understand what TRUE FREEDOM is, keeping scum like him out of our lives! Thank you all!
November 13th, 2008 at 9:51 pm
#48! If you banned infowars and prison planet from your computer why the post on here! I think deep down your a scared coward nazi that will cur up and suck your thumb when marshall law smacks you. You would sell out your own family for a police state you suck ass!
November 13th, 2008 at 9:55 pm
Just run them over, they can’t catch everyone.
November 15th, 2008 at 7:21 am
Give Texas back to Mexico and fence it off after bush goes home. Let him be the next president of Mexico. They used to being ripped off by president.
November 16th, 2008 at 10:48 pm
http://www.nbcdfw.com/news/loc.....oints.html
November 17th, 2008 at 3:13 pm
I do not drive drunk, but i hate the idea that the police can check me to see if I had been drinking. That is not freedom. 48 is a cry baby with his tail between his legs. Bend over 48, let the government have there way with you. You are part of the problem for sure. you will probably turn over all of your guns when told, or are you too chicken to own a gun?
March 5th, 2009 at 4:24 pm
I will not stop for any roadblock. I just drive right on past. If you read the Texas statutes, you may find that most people are getting ticketed and arrested for things that are not even in the lawbooks. Reread the law on so-called “drivers license”, and you will see that too many people have been fooled into giving up money and freedom.