a LEO cannot stop a vehicle driving down the Interstate without probable cause...like seeing a deer in the bed of a truck. Otherwise not so legal.
A LEO cannot stop a vehicle leaving a bar or establishment merely because the driver left said establishment. Right? Guy walks out at 1 a.m., drives off, cop stops him a mile away to check. That's illegal. They must have legitimate probable cause to stop them.
(side note -- too much bad chit gets done when the LEO makes up something for a stop, but that's a discussion for another post)
How can a GW stop a truck coming from another state just because it's (1) A truck, (2) has mud or camo or a guy in camo, (3) has a covered camper or bed cover, (4) anything OTHER THAN a visible deer, whole, or deer parts in the bed-trailer-other that clearly would be visible?
They can't. Saying, "Oh, a truck coming from Tennessee, they might have a deer so let's check" is not probable cause. It's bullchit, nothing more than a DCNR version of Stop and Frisk, which was and is unconstitutional. It's the same chit they were doing with the roadblocks down in Barbour County a few years ago, checking drivers for licenses and any deer or wildlife "just because we can."
No one will challenge it, though, because they don't have the money, willpower or a "well, it doen't matter so let's all be good conservationists!" mentality.
If they're doing this on 65 and 231, or 72 coming from Mississippi, or any other border point, why aren't they set up and stopping vehicles on Highway 5 near Brent or US 331 or I-20 near Heflin or absolutely any other road in the state? Those trucks MIGHT have a deer in them. If these checkpoints are OK to do on 65 and 231, why aren't they doing them everywhere?
