nellieblystunad asked: i gotta ask ma'am. How in the world are DUI roadblocks allowed? I read the rationalization for the decision by moron rehnquist and he admits its not allowed!! How is it still allowed?
Well, I’d contend that any rational person can clearly see that sobriety checkpoints violate the Fourth Amendment. But, as you noted, they’re still legal in most states post the Supreme Court ridiculously ruling them constitutional in Michigan Dept. of State Police v. Sitz (1990).
From what I’ve read so far, the problem (aside from the government’s typical disregard for the rule of law, which is the main answer to your question) is that the standard used in the case was a balancing test, not strict scrutiny. And if all Supreme Court decisions were decided with strict scrutiny, I think we’d be rather better off. DUI roadblocks, at least, would be illegal.
