The Fourth Amendment Be Damned

The Hawthorne, California police weren’t happy that a man driving through a ‘sobriety checkpoint,’ on Sunday had rolled his window only three-quarters of the way down as he handed them his driver’s license. Nope, they wanted to show him who is in charge and demanded he roll it all the way down.

When the driver refused a California Highway Patrol officer called over a Hawthorne Police Lieutenant, who then accused the driver of not complying with “the rules of the checkpoint.” After ‘failing to comply’ for nearly 45 minutes, law enforcement officers ordered a tow truck driver to the car while the occupants remained inside.

Eventually, the driver, who showed no signs of impairment, ended his protest under arrest. The U.S. supreme Court ruled in 1990 that DUI checkpoints do not violate the Fourth Amendment of the U.S. Constitution, which 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.”

King George III would be so proud…


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