Yes, you read that right.
The Florida Highway Patrol (Troop C: Hillsborough, Pinellas, Polk, Pasco, Hernando, Sumter and Citrus counties) has announced plans to set-up highway checkpoints to target drivers to inspect their drivers license, insurance, and vehicles in February. FHP says the checkpoints will be conducted during daytime hours.
This Feb. 2, 2013 ABC Action News article has a list of all affected roads: http://www.abcactionnews.com/dpp/traffic/traffic_news/fhp-announces-daytime-driver-license-vehicle-inspection-checkpoints
The answer is: "No, it is not legal. It is a Policy."
Not only does this policy expressly violate Florida statutes, it also violates the Constitution of the State of Florida, and the Constitution of the United States of America.
I attached the corresponding text at the bottom of this blog, which lists the three legal precedents violated by this policy.
I have advised all of my family and friends to print this information out and keep it in their car in case they are subjected to an unreasonable search and seizure that violates the Rule of Law and their unalienable Rights as enumerated.
"You have Rights antecedent to all earthly governments: Rights, that cannot be repealed or restrained by human laws; Rights, derived from the Great Legislator of the universe." — John Adams
“Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are inevitably ruined.” — Patrick Henry
“Power concedes nothing without a demand. It never did and it never will. Find out just what any people will quietly submit to and you have found out the exact measure of injustice and wrong which will be imposed upon them, and these will continue till they are resisted with either words or blows, or both. The limits of tyrants are prescribed by the endurance of those whom they oppress.” — Frederick Douglass
“Single acts of tyranny may be ascribed to the accidental opinion of a day; but a series of oppressions, begun at a distinguished period and pursued unalterably through every change of ministers, too plainly prove a deliberate, systematic plan of reducing a people to slavery.” — Thomas Jefferson
"The only sure bulwark of continuing liberty is a government strong enough to protect the interests of the people, and a people strong enough and well enough informed to maintain its sovereign control over the government." — Franklin D. Roosevelt
We the People must defend our rights. Or one day we will wake up having none, and our children and our grandchildren will inherit despotism, and may never know the blessings of Liberty. Death by a thousand cuts, it's called. Incrementalism; creeping normalcy, the way a major change is accepted as the normal situation. But only if it happens slowly, in unnoticed increments, when it would be regarded as objectionable if it took place in a single step or over a short period of time.
These are the four reasons why the American people are allowing our Liberty to be overthrown by enemies foreign and domestic:
If you don't know what they mean, please look them up, so that you can avoid falling into their trap.
"My people are destroyed for lack of knowledge." (Hosea 4:6)
Government originates and derives its power from the People, and as such exists only with the consent of the governed. When government becomes a self-serving means to its own objectives—when it becomes as George Washington warned, "a dangerous servant and a fearful master,"—it then ceases to be government and becomes a criminal entity serving its own self interest at the expense of the very people it is sworn to represent. At such time the People have an obligation to put aside differences and put down such a criminal tyranny by all necessary means and restore the freedoms of the People and of the Republic as clearly defined in our Constitution, Bill of Rights, The Declaration of Independence, and the Articles of Confederation.
Recognize that any law which violates these principles is null and void from inception. The Supreme Court case Marbury v. Madison 5 U.S. 137 (1803) ruled that "All laws which are repugnant to the Constitution are null and void." Furthermore, the People have an obligation not only to ignore such laws, but to actively overturn them by any and all means. Those that support such illegal laws, actions, and objectives are guilty of treason, by definition, at the very least, and must be held accountable for their actions. As you know, treason is a crime prohibited by legislation passed by Congress. The United States Code 18 U.S.C. § 2381 states, "whoever, owing allegiance to the United States, levies war against them or adheres to their enemies… is guilty of treason." Likewise, Presidential executive orders, by their very nature are illegal, treasonous, and are null and void from inception.
These revenue-generating highway checkpoints are similarly illegal, are repugnant to Florida Statute Title XXIII, 316.60, the Constitution of the State of Florida, and the the Constitution of the United states, and are therefore null and void from inception.
As for our elected representatives in Florida, it is your duty to defend the people of your State from illegal actions by those under your supervision. As a citizen of the United states of America, I am your constituent and I respectfully request that you take immediate action to stop this abuse of civil rights.
Represent us!
Thank you in advance for honoring your Oath to the Constitution of the State of Florida and the Constitution of the United States of America.
"Papers, please."
The 2012 Florida Statutes
Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
316.610 Safety of vehicle; inspection. — It is a violation of this chapter for any person to drive or move, or for the owner or his or her duly authorized representative to cause or knowingly permit to be driven or moved, on any highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person or property, or which does not contain those parts or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in this chapter, or which is equipped in any manner in violation of this chapter, or for any person to do any act forbidden or fail to perform any act required under this chapter.
(1) Any police officer may at any time, upon reasonable cause to believe that a vehicle is unsafe or not equipped as required by law, or that its equipment is not in proper adjustment or repair, require the driver of the vehicle to stop and submit the vehicle to an inspection and such test with reference thereto as may be appropriate.
(2) In the event the vehicle is found to be in unsafe condition or any required part or equipment is not present or is not in proper repair and adjustment, and the continued operation would probably present an unduly hazardous operating condition, the officer may require the vehicle to be immediately repaired or removed from use. However, if continuous operation would not present unduly hazardous operating conditions, that is, in the case of equipment defects such as tailpipes, mufflers, windshield wipers, marginally worn tires, the officer shall give written notice to require proper repair and adjustment of same within 48 hours, excluding Sunday.
History. — s. 1, ch. 71-135; s. 1, ch. 76-31; s. 1, ch. 78-112; s. 24, ch. 83-216; s. 7, ch. 83-298; s. 328, ch. 95-148; s. 17, ch. 2003-286.
Note. — Former s. 316.285.
Constitution of the State of Florida
As revised in 1968 and subsequently amended
SECTION 9. Due process. — No person shall be deprived of life, liberty or property without due process of law, or be twice put in jeopardy for the same offense, or be compelled in any criminal matter to be a witness against oneself.
History. — Am. proposed by Constitution Revision Commission, Revision No. 13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.
SECTION 12. Searches and seizures. — The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, and against the unreasonable interception of private communications by any means, shall not be violated. No warrant shall be issued except upon probable cause, supported by affidavit, particularly describing the place or places to be searched, the person or persons, thing or things to be seized, the communication to be intercepted, and the nature of evidence to be obtained. This right shall be construed in conformity with the 4th Amendment to the United States Constitution, as interpreted by the United States Supreme Court. Articles or information obtained in violation of this right shall not be admissible in evidence if such articles or information would be inadmissible under decisions of the United States Supreme Court construing the 4th Amendment to the United States Constitution.
History. — Am. H.J.R. 31-H, 1982; adopted 1982.
SECTION 23. Right of privacy. — Every natural person has the right to be let alone and free from governmental intrusion into the person’s private life except as otherwise provided herein. This section shall not be construed to limit the public’s right of access to public records and meetings as provided by law.
History. — Added, C.S. for H.J.R. 387, 1980; adopted 1980; Am. proposed by Constitution Revision Commission, Revision No. 13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.
U.S. Constitution
Amendment 4. Search and Seizure
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Amendment 5. Trial and Punishment, Compensation for Takings
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
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