DPS aims for driver's license checkpoints - X-post from LBN

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=102&topic_id=3597089&mesg_id=3597089

Source: Houston Chronicle

The state's top law enforcement agency has asked Texas Attorney General Greg Abbott for a ruling on the legality of setting up statewide driver's license checkpoints but 15 lawmakers say such a move would be unauthorized immigration policymaking.

A number of state legislators argue the Department of Public Safety Commission overstepped its authority Aug. 25 by issuing new rules requiring applicants to prove they are legally in the U.S. before they can receive a Texas driver's license or identification. Two weeks later, lawmakers were further disturbed after learning the commission's chairman, Allan B. Polunsky, wanted a ruling on the checkpoints.

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State Sen. Leticia Van de Putte, D-San Antonio and 14 other Texas lawmakers sent Abbott a letter asking him to ignore the commission's legal opinion request because the Legislature has not authorized a DPS checkpoint program.

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Staffed by state troopers or local police, the checkpoints would stop drivers to review their licenses, vehicle registrations and proof of insurance.

Read more: http://www.chron.com/disp/story.mpl/ap/tx/6107900.html

I heard this on the radio news this morning, and it shook me wide awake immediately. It's not just "immigration policy" - last I heard, the ability to move about freely unless you have done something wrong (that they can prove without searching you, unless they have a warrant!) is a pretty fundamental right.

Don't have time to look it up right now on my dialup, but wasn't there a case in San Diego back in the 70's or 80's where they were stopping a guy for his ID in some ritzy neighborhood (might have been La Jolla?) and he fought it and won? Sounds like the same thing to me.

BTW, I'm against drunk driving checkpoints as well, and have always thought they were leading up to something like this. Your papers, please?!

New Braunfels tried this several years ago along I-35. They were having a hard time getting people to stop. They said they were choosing people at random. Regardless, I believe someone got a restraining order and they had to stop.

are they going to get arrested? :wtf:

dg

I'm sure they won't take this without a fight.


Sonia