News (Media Awareness Project) - US CA: PUB LTE: Who Says Checkpoints Are Constitutional? |
Title: | US CA: PUB LTE: Who Says Checkpoints Are Constitutional? |
Published On: | 2000-09-15 |
Source: | San Diego Union Tribune (CA) |
Fetched On: | 2008-09-03 08:42:41 |
WHO SAYS CHECKPOINTS ARE CONSTITUTIONAL?
Re: "Are checkpoints illegal searches?" (opinion, Sept. 5):
Columnist James J. Kilpatrick opines that checkpoints are legal, and that
using a drug-sniffing dog does not constitute a search.
The Fourth Amendment says, "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 don't see any exceptions listed in the amendment, such as "the end
justifies the means." Kilpatrick concludes, "Everyone agrees that routine
licensing and registration checkpoints are valid." Everyone, that is,
except the Founding Fathers.
Jim Cammarano, Poway
Re: "Are checkpoints illegal searches?" (opinion, Sept. 5):
Columnist James J. Kilpatrick opines that checkpoints are legal, and that
using a drug-sniffing dog does not constitute a search.
The Fourth Amendment says, "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 don't see any exceptions listed in the amendment, such as "the end
justifies the means." Kilpatrick concludes, "Everyone agrees that routine
licensing and registration checkpoints are valid." Everyone, that is,
except the Founding Fathers.
Jim Cammarano, Poway
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