OFF THE WIRE
(AMP) Raleigh
NC bill clarifies roadblocks illegal
http://www.google.com/search?q=NC+bill+clarifies+roadblocks+illegal
It should find at least one reference to an article written by me for (AMP). If anyone does a repost, please include the (AMP) Raleigh
If HB 375 passes the NC General Assembly and becomes law, those roadblocks which stop traffic and violate everyones’ rights might become just a bad memory of a state which was rapidly becoming a police state rather than a free state.
House Bill 375 introduced in the NC General Assembly by first-term representative Glen Bradley of Youngsville would clarify that checkpoints are illegal in the state. Law enforcement refers to roadblocks as checkpoints, check points, or safety checkpoints. US Supreme Court has ruled checkpoints are seizures without a warrant and without probable cause, and as such are unconstitutional in violation of the 4th Amendment of the Bill of Rights, but the court specifies there are exceptions which allow police to violate the law in the name of public safety. For example, if police received a tip that there are religious extremists with a bomb on the way to blow up a building, there may be good reason to conduct a roadblock. It would still be illegal, but it would be an allowed exception to the Bill of Rights.
Rep. Glen Bradley explains, he hands out copies of the US Constitution to police when he is stopped, saying they obviously “need them” (to know they are violating peoples’ rights). The US Constitution is law which limits the powers of government in order to preserve the rights of the people.
In the embedded video, Wake County Sheriff Harrison clearly wants to continue the rights violations, and opposes the bill. The Sheriff is in favor of continuing to accept federal funds (which come from taxpayers) to set up checkpoints.
The General Assembly will also review a much weaker bill regarding roadblocks and checkpoints. HB 381 would prevent police from setting up checkpoints in order to profile specific types of vehicles.
Make no mistake about it, those federal funds used to fund states to set up checkpoints do come from taxpayers wallets. The US House of Representatives is currently considering House Resolution HR 904 which would prevent the US Department of Transportation (DOT) from providing federal funds to create motorcycle only roadblocks (MOR).
BOLT wants Roadblocks to STOP!
B.O.L.T. of North Carolina has announced their support for legislation to end roadblocks in the state. Two legislative bills introduced into the NC General Assembly would put a STOP to roadblocks. One of the House Bills is H375 which would end roadblocks, and the other is H381 which would make prevent the police from setting up checkpoint patterns intended to target specific types of vehicles.
BOLT also supports a congressional resolution HR 904 which would prevent the US DOT from funding motorcycle only roadblocks (MOR).
Swing the Budget Axe! at NHTSA $7M helmets
The NHTSA projected budget proposed by NHTSA director David Strickland for the year 2012 includes $7,000,000 which would be used to promote mandatory helmet laws.
Source: http://www.dot.gov/budget/2012/budgetestimates/nhtsa.pdf
Find section 3011 at page 180.
The Motorcyclist Safety Grants encourage States to adopt effective motorcyclist safety
programs. The amended grant program would allow States to expend funds on a comprehensive
motorcycle safety strategy, with an emphasis on activities which would increase the use of
motorcycle helmets (the most effective means of reducing motorcycle crash fatalities and serious
injuries). To date, the grant program has focused on use of funds to deliver rider training and
motorist awareness programs. While these are important issues, the lifesaving strategy of
increasing the use of motorcycle helmets has not been addressed, even though research has
shown that State’s that have passed motorcycle helmet laws have reduced their fatalities and
injuries. This new Motorcycle Safety Grant program would increase the funds going to the
States and expand the uses of these funds to include promoting the use of DOT compliant
motorcycle helmets, increasing efforts to reduce impaired riding, and reducing the number of
improperly licensed motorcyclists, thus providing States additional flexibility to address
motorcycle safety problems.
