To: firearms-politics@cup.hp.com CC: Firearms Alert , Libertnet Subject: [LEGAL REF] Re: Operation Cease-Fire Date: Fri, 17 Mar 95 10:35:55 EST From: Karl Kleinpaste > Date: 15 Mar 1995 13:44:26 -0800 > From: "Johann Opitz" > "Operation Cease-Fire" includes traffic stops and what > Holder calls "special enforcement operations" to get illegal > guns. Holder pledged the seizures would be "proper and > constitutional," but did not elaborate. It's going to be a mighty neat trick to make random traffic stops constitutional. I strongly suggest that anyone, who finds their city about to be up against this sort of police state tactic, should immediately look up Delaware vs. William J. Prouse III, 440 US 648 (1979). I also have a copy of an amicus curiae brief submitted in State of Arizona vs. Aguilar, Jones, and Lowe (1982), which cites Prouse in successful argument against sobriety checkpoints. If anyone wishes copies of either of these, I will be happy to copy or transcribe. >From the intro to Prouse: "Appeal was taken by the State from an order of the Superior Court granting defendant's motion to suppress in a criminal prosecution, finding that automobile stop and detention violated the Fourth Amendment. The Supreme Court of Delaware, 382 A.2d 1359, affirmed, and certiorari was granted. The Supreme Court of the United States, Mr. Justice White, held that except in those situations in which there is at least articulable and reasonable suspicion that a motorist is unlicensed or that an automobile is not registered, or that either the vehicle or an occupant is otherwise subject to seizure for violation of law, stopping an automobile and detaining the driver in order to check his driver's license and the registration of the automobile are unreasonable under the Fourth Amendment." Random stops are a settled matter. They're unenforceable. I feel we have a duty to abort such plans. __ To: Jeff Chan Subject: Re: [LEGAL REF] Re: Operation Cease-Fire Date: Sat, 18 Mar 95 8:12:39 EST From: Karl Kleinpaste At the moment, you can find the brief transcribed as http://www.cs.cmu.edu:8001/~karl/govt/chkpt.html but that may change, as I am due to re-arrange my govt-related web stuff for better organization.