Originally Posted by GUWonder
...especially in that the sobriety checkpoints rely upon the mission-creep idea of "implied consent". Then again the searches and seizures crowd -- using creative twists -- has been a big beneficiary of mission-creep as of late.
I can decline a physical search of my car during a sobriety stop at a checkpoint or any other traffic stop...however, most people are too chicken sh.t to do that. I can also decline a search of my person (breathalyzer test, sobriety tests), but in most states, that's grounds for arrest and license suspension, which I feel violates both due process and the 5th Amendment - guilty until proven innocent, and the right to avoid self incrimination - regardless of how much I don't like drunk drivers.
I am not sure I can refuse a full Customs search at one of these inside-the-border traffic stops, but the video that was posted here last year did show someone getting into quite a tussle with border guards in Arizona when he refused to show his identification at one of those stops along on a state highway.