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The Slow Death of the Fourth Amendment

By Lawrence Taylor

The Fourth Amendment to the United States Constitution protects American citizens from being subjected to police intrusions without "probable cause".  The Michigan Supreme Court held that DUI roadblocks violated this constitutional protection.  On appeal to the U.S. Supreme Court, however, that decision was reversed.  In a 5-4 decision, the Court found a "DUI exception" to the Fourth Amendment.  Although admittedly a violation of the Fourth Amendment, Chief Justice Rehnquist wrote, the "minimal intrusions" into citizens’ privacy was  "outweighed" by the governmental interest in apprehending drunk drivers.  Sitz v. Michigan I’ve often reminded readers of this blog that we are a nation of legal precedent:  once a legal doctrine is adopted by the courts in a specific situation, it is thereafter applied in a broader context...continue to full post

Full post as published by DUI Blog on August 12, 2008 (boomark / email).