Police on Old Fairgound Rd. yesterday....

Proudly admitted,, lol. Like it makes him a tough guy.

 

He might just be talking, but I can assure you, if a police officer asks to search my car, I will tell him no. Same for your theoretical criminal on the loose and the house. I just do not see it as a big deal to wave your license at a guy standing in the middle of the road, which is what a checkpoint entails.

 

The whole excerpt from the ruling ....


https://bulk.resource.org/courts.gov/c/US/489/489.US.656.86-1879.html

NATIONAL TREASURY EMPLOYEES UNION, et al., Petitioners
v.
William VON RAAB, Commissioner, United States Customs Service.

While we have often emphasized, and reiterate today, that a search must be supported, as a general matter, by a warrant issued upon probable cause, see, e.g., Griffin v. Wisconsin, 483 U.S. 868, 873, 107 S.Ct. 3164, 3168, 97 L.Ed.2d 709 (1987); United States v. Karo, 468 U.S. 705, 717, 104 S.Ct. 3296, 3304, 82 L.Ed.2d 530 (1984), our decision in Railway Labor Executives reaffirms the longstanding principle that neither a warrant nor probable cause, nor, indeed, any measure of individualized suspicion, is an indispensable component of reasonableness in every circumstance. Ante, at 1413-1416. See also New Jersey v. T.L.O., 469 U.S. 325, 342, n. 8, 105 S.Ct. 733, 743, n. 8, 83 L.Ed.2d 720 (1985); United States v. Martinez-Fuerte, 428 U.S. 543, 556-561, 96 S.Ct. 3074, 3082-3085, 49 L.Ed.2d 1116 (1976). As we note in Railway Labor Executives, our cases establish that where a Fourth Amendment intrusion serves special governmental needs, beyond the normal need for law enforcement, it is necessary to balance the individual's privacy expectations against the Government's interests to determine whether it is impractical to require a warrant or some level of individualized suspicion in the particular context. Ante, at 1413-1414.

 

Glad to know allowing the government to step all over the 4th Amendment was worth it....

http://www.wncn.com/story/23521374/audit-takes-nc-courts-to-task-over-possible-dwi-fraud

 

I disagree. There is a difference between private property and driving on state/local owned highway.

 

My property line, along with everyone else on my road, goes to the center line of the road. The state or county only holds "right of way". So if they set up a stop on a road with that type of zoning, they are on 'private property'.

 

That would be more of a deal between local attorneys, prosecutors, and judges and how the "good old boy" system in JoCo works. Nothing to do with traffic checkpoint stops.


The LEO's were doing their jobs it's the remaining part of the system that let the rest of the community down.

 

No, the public right of way designation negates the "private" property aspect. Just as rhe easement prevents a claim of trespass against people using the road, one of your neighbors being able to block off half of the roadway, or you establishing an impromtu toll booth to cross "your property" so does it remove the potential for a checkpoint on "private" property.

 

To be honest, if you live on a state maintained road or in a subdivision (and not some dirt road access easement somewhere) your deed may say you own to the centerline of the road but in reality you do not. You own to the edge of the right-of-way and thats it. Alot of people think they own to the edge of the pavement and they do not.

Yes you may be paying taxes to the centerline of the road but you do not own it. If you sold your property tomorrow and the new owner had it surveyed, the new map would show your property line stopping at the right-of-way. Now they may give an area in the lot, an area in the right-of-way and then a total area but you can not sell whats in the right-of-way. If you wanted to quit paying taxes on it, then get it re-surveyed and take that map to the tax office to show you no longer own "1.85 acres", instead its actually "1.24" (insert numbers " " here).

There are still thousands and thousands of maps and deeds that say property goes to the centerline of a road. The owners may still pay taxes for the area in the right-of-way but you really do not own it. You cant touch that area in the right-of-way. Cant plant flowers, cant rip up the pavement and put down mulch or anything. Maps and deeds, older ones, always referenced the centerline of the road since that was more easily definable than the edge of a right-of-way, especially when no maps were available. Maps did not become commonplace, really, until the 70's. There have always been maps, granted, but not like there are today. I can read 100 deeds from the 40's and 50's and 5 of them will reference a map. Since there were so few maps and still a lot of deed transfers going on, they referenced the centerline of the road.

 

yep

 

for goodness sakes, doesn't matter what you think, hope, can prove or provide a link to....none of you are going to go 'Smokey and Bandit' bustin' through there and not stop for any road block you may encounter. Just don't drink your Milwaukee's Best before and you got nothing to worry about....

 

This entire discussion just cracks me up......was genuinely curious ( the day i originally posted the question) if someone had escaped from the prison or something....lol.
If I tell y'all I was stopped again on the on ramp to 40 off of Cary Town Blvd two days ago, is it going to open another can of worms?? Love you guys!

 

A good one was the one they set up at the end of the Panthers game a couple weeks ago right there near stadium. I imagine that one generated some revenue.