The original Letter to the Editor


Once again, the Fresno Police Department is violating our Fourth Amendment rights of unreasonable search and seizure with the DUI checkpoints. The police offer no response when asked how these searches do not violate our rights when we are pulled in to these checkpoints and asked for our license, registration, and proof of insurance without probable cause.

I'm all for arresting and prosecuting those who have endangered the public by drinking and driving, just not at the expense of my rights. There are quite a few states that agree with this assertion and do not allow the police to use this tactic.

Some will say that it is for the public good; that in removing a few drunken drivers off the street it is worth infringing on our rights outlined in the Constitution. I would say that that is a slippery slope I do not want to go down.

The Fourth Amendment was put in the Constitution because the Founding Fathers had experienced the oppression brought about by unjust laws established with good intentions. We, as a society, need to demand that the police enforce the laws in a legal way.

Patrick Smart



Read more: http://www.fresnobee.com/2011/01/08/2224079/opposes-dui-checkpoints.html#ixzz1AbMDW5R3


My response


I am embarrassed, as a California driver, to hear Patrick Smart’s comment regarding DUI checkpoints. Having a California Driver’s license is not a right, but a privilege. Along with this privilege come various rules and regulations.
The 4th amendment is to protect the public from unlawful search and seizure. Law enforcement does not conduct DUI checkpoints to violate rights, it is to save lives. Having a valid California drivers license (12500 VC), valid insurance (16028(a) VC) and registration (4000 (a)(1) VC) are also laws that go along with the privilege of driving. I don’t know about Mr, Smart, but I am happy that the Fresno Police Department, and other agencies within Fresno County, take the California Vehicle Code so seriously.
Also, just for the record, there is a DUI related death approximately every 39 minutes. These are deaths that can be prevented by citizens, traffic stops and DUI checkpoints. Good job Fresno PD. Make the streets of Fresno safer for all of us who appreciate California law!

My unedited opinion

I just can't let that one go. Did this guy get a ticket for a suspended license or no insurance? People just don't seem to understand that if you don't agree with a law then the best choice is to just move to another state or another county (which is a better option in this case). I would like for Mr. Smart to go to traffic court with his 4th amendment crap....I am sure the judge would love it!