In the video below a cop explodes over a driver’s believe in his right to travel. In Article IV of the Articles of Confederation, we find the right to travel enumerated as an entitlement, on par with the Bill of Rights. It read, in part:
“…the people of each State shall have free ingress and regress to and from any other State, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions, and restrictions as the inhabitants thereof respectively…”
The right to travel was thought to be such a given that the Founders elected not to include it in the U.S. Constitution. It was as fundamental as the right to breathe.
Even if they had, it wouldn’t have mattered. Those in control would have found a way to distort it, just as they’ve distorted the 2nd Amendment and every other amendment for that matter.
If we as humans have a fundamental right to travel, then why do we need permission from the government to travel by car? Their argument is that since they’re “government-owned” roads and highways, we need their permission. But where’d they get the money to build and maintain those roads? They didn’t make the money themselves. “They didn’t build that,” to quote Obama. Governments produce nothing and are inherently in debt to the people they claim to represent. So, a government who extracts funds from hard-working people in the form of taxes tells those same people that they have no rights to travel on roads that they themselves paid for. The government however lovingly grants the privilege to travel, assuming you have a government-issued permit and have paid your annual birthday tax and have purchased a government-mandated and approved insurance product.
Some states have implied consent laws where the moment you get in a car on public roads and highways, your rights are suspended. The State owns you.
Maybe some of those things were what was going on in the mind of these State Patrol cops who had set up one of those “safety” checkpoints in Dekalb, Illinois. Fast-forward to about 3:30, as that’s when the interesting stuff happens:
Technically, what that second cop did was assault. And the guy who posted the video notes that this happened on “Thank a Police Officer Day.” How ironic.
At these checkpoints, I personally don’t want to fight, because of police like this. I don’t want to die over something like this. However, I think that the driver is correct, and I believe these checkpoints are totally unconstitutional. But the way to deal with them is not to fight with the angry cops. That’s how people get seriously injured or killed, and then nothing or very little happens to the cop. He’ll get off easy, while you go to the grave or to jail for “obstruction,” “resisting arrest” and “assaulting a police officer.”
These checkpoints are similar to no-knock raids. And they’re not all the fault of the cops involved. If you were to take away the financial incentive that encourages police departments to be aggressive in hopes of arresting a small percentage of their contacts, these sorts of unconstitutional encounters would stop.
The fact of the matter is, while many people would view what this particular driver did as being very disrespectful to authority, the driver is correct. If he’s not suspected of committing a crime, then the police don’t have enough to legally detain him.
Police can’t just go door-to-door in neighborhoods, searching people’s houses “just to make sure” no criminal activity is going on. It’s not supposed to work that way. That’s a violation of the 4th Amendment. They have to provide evidence to a judge that criminal activity is occurring in a particular residence, and then they have to obtain a search warrant listing the things to be seized. That’s the law.
Driving on the road does not constitute probable cause that a crime has been committed. You can’t just pull a bunch of people over at random “just to make sure” no criminal activity is going on.