Originally posted by Gunslinger
I don't remember reading in the constitution...."right to drive a car"
What they are checking for....as it seams...is to make sure there are liscense drivers on the road.
If you are driving a car without one you are in violation of the law. If you wish to travel "without papers" you may walk to and from your desitination.
If they are busting liscense drivers for other things than I find it highly disturbing. However, if they find a car with a non-liscense driver in it and decide to search and find drugs well then that's up for the courts to decide.
point being you need a liscense to drive a car in the US.
With out a link this is all a guess.
I was actually under the same impression untill I started arguing that exact point with Laz.
then I went to look up info to back my arguement and found that more and more court cases nation wide are finding that driving is indeed not a priviledge but a right.
I dont feel like looking it all up again but it had something to do with the right to travel the highways I beleive. Or something to that effect.
While I agree that driving without a licence is against the law I disagree with the roadside checks. As there 99% of the time is no probable cause.
If someone is stopped due to a violation, or due to some legitimate probable cause and it is found the driver has no licence. Or is carrying drugs, or whatever other illegal thing. then by ll means. Turn the thumbscrews.
But if there is no cause to stop and check then there is no probable cause
And lets face it
Stopping someone who is otherwise doing nothing wrong and demanding to see their licence just to be sure they have one consitutes a "search" And an unreasonable one at that other then just to check.
As there is no "probable" reason to do so.
Main Entry: 1prob·a·ble
Function: adjective
Pronunciation: 'prä-b&-b&l, 'prä(b)-b&l
Etymology: Middle English, provable, from Middle French, from Latin probabilis commendable, probable, from probare to test, approve, prove -- more at PROVE
1 : supported by evidence strong enough to establish presumption but not proof
Main Entry: 2probable
Function: noun
: one that is probable
And the all important
Main Entry: probable cause
Function: noun
: a reasonable ground for supposing that a charge is well-founded
To stop people to check for licences. One would have to have "a reasonable ground for supposing that a charge is well-founded"
If a driver is doing nothing wrong. Then there is no reasonable ground nor is one well founded for supposing a charge.