Orin Kerr has a new blog, which for some odd reason he has chosen to host at the address orinkerr.com.
One of his first posts is an interesting one, which examines the constitutionality of police programs that conduct traffic stops to “cite” drivers for good driving. Such programs are no doubt annoying — and Kerr makes a good argument that they are also unconstitutional.
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I swore never to have anything to do with any of the folks from VC again, so I have not read Professor Kerr’s post. But it seeems to me that they cannot be anything but unconstitutional. For example, drunk driving checkpoints have been judged on the principle that the Fourth Amendment protects the innocent not the guilty and the courts look at the procedures used and the inconvenience it causes the innocent drivers. Here, we have a procedure expressly aimed at the innocent public.
Do you suppose that it is the first step in an attempt take all traffic stops out of Fourth Amendment protection? To establish a principle that the police can stop any car without probable cause or even articulable suspicion? Something like the implied consent rule of submitting to a breathalyzer?
Even if they are on the up and up, I cannot see that the police would be very enthusiastic about them. For all they know, they may be taking their lives in their hands when they approach the good driver with the “attaboy” in hand. Do you remember a movie “Electra Glide in Blue” with Robert Blake?
nk (32c481) — 3/14/2006 @ 5:16 amA cop doesn’t have any business pulling you over if he doesn’t have probable cause to believe you commited a crime. What are they going to do, pull people over and not check their driver’s license and insurance? I doubt it. Its not even required that they pull you over in any case. They could just record your license plate and mail it to you. This is a lot of crap is what this is.
A far more intrusive violation of civil rights than listening to cell phone conversations between the Motel 6 and caves in Afghanistan BTW.
Dwilkers (a1687a) — 3/14/2006 @ 7:08 am