Wednesday, January 07, 2009

Papers, please

The Florida Highway Patrol has announced that they're going to be performing random traffic stops this month in two counties in the Tampa Bay area in order to perform vehicle inspections, ostensibly to ensure the "safety" of the motorists:

"Troopers will look for bad brakes, worn tires, defective lights and other vehicle problems that pose a danger to drivers, authorities said."

The only problem is that these sorts of roadblocks are illegal under Florida law, as one commenter to the story notes:

"Look up Florida Statute 316.610. It states:

(1) Any police officer may at any time, upon reasonable cause to believe that a vehicle is unsafe or not equipped as required by law, or that its equipment is not in proper adjustment or repair, require the driver of the vehicle to stop and submit the vehicle to an inspection and such test with reference thereto as may be appropriate.

Random stops are not reasonable cause to believe that a vehicle is unsafe." (Emphasis mine)

I'm not an attorney, but it seems pretty clear to me that law enforcement officers in Florida must have an articulable reason to "stop and submit" a vehicle for inspection, and that randomly stopping a car at a checkpoint doesn't meet that threshold.

Stops such as these are also in complete violation of one's Fourth Amendment rights, in addition to violating Florida law. However, the side of a highway is a poor place to argue the point if one isn't prepared with full knowledge of their rights. Therefore, Florida drivers, I recommend that you follow the advice of Wisconsin attorney William Pangman, who has written an informative article outlining one's rights at a roadblock stop. It's written with DUI checkpoints in mind, but the tips should be applicable in any given roadblock situation.

I would add that the drivers should ask the troopers for their ASE mechanic certifications, but perhaps that's too cheeky, no?

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