For this discussion, we are going to look at the validity of the police checkpoint and due process rights. Presently, police agencies utilize the checkpoint as a tool of aggressive patrolling. Checkpoints require a motorist to enter and submit to an investigative process, looking for a violation of law both obvious and unknown (wanted on warrant for example). Violations may include intoxicated drivers, seatbelt violations and other driving and equipment/registration violations. Officers are required to follow a strict protocol on the way they employ the checkpoint, and minimize the stress and discomfort to the parties in the vehicle, as well as following the legal mandates. But, is the checkpoint a violation of the due process protections? Do they violate Search and Seizure requirements of the Fourth Amendment? This is what you will discuss in your response. Make sure to defend your position by referencing the different components of searches and seizures; When are warrants necessary, the Exclusionary Rule, Exigent circumstances, and so on. Refer to the legal components outlined in Ch. 5 in your response.
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