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Thursday, March 2, 2017

2017 SJR 1: Proposal to amend Article I, Section 9

Senate Joint Resolution No. 1 was proposed by Senator Monroe to amend Article I, Section 9 of the Oregon State Constitution.  Article I, Section 9 provides the right against unreasonable search and seizure.  This is mirrored in the US Bill of rights as Amendment IV.  Senator Monroe proposes that a second subsection be added to Article I, Section 9 that specifically makes an exemption to this right in the case of sobriety checkpoints.

My View

Firstly, I am not aware of any studies into the efficacy of sobriety checkpoints.  However, since I am aware that this practice continues in some places, I have to assume that they indeed have some effect to reduce the incidence of drunk driving and to the extent that drivers out on the road are unimpaired, I would support that effort.  Although, in reality, I also think that drivers who have been drinking are aware that there are checkpoints and then making alternate arrangement is where the deterrence actually makes a difference.
Secondly, I profess ignorance of just how reasonable of a search it is to conduct a sobriety checkpoint.  In some respect, a cop standing on a street corner stopping people at random and asking them to produce identification is one possible analogy.  But I think that it is flawed.  Perhaps a better analogy might be a cop standing outside of a retail store which has been known to be frequented by shoplifters.  Nonetheless, especially since the permission to drive is less of a right and more of a privilege, I do not see any reason that sobriety checks are unreasonable searches.
However, I would argue that if there are issues with sobriety checkpoints such that the honorable Senator and those who have supported this particular resolution feel that these issues are resolved by adding in an exemption clause, the reality is that it is all for naught.  The existing section of the Oregon Constitution is word for word the same as Amendment IV and unless the US bill of rights is amended, objectors simply have to move the jurisdiction to have rights enforced with regards to sobriety checks.

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