DEATHS

Mary Katherine Dawson, 67

Born July 24, 1952

Died July 2, 2020

Mary Inez Sims, 79

Born September 1, 1940

Died July 2, 2020

Teresa Dawn Reid, 36

Born August 10, 1983

Died July 2, 2020

Shawn Wayne Wheeler, 51

Born February 4, 1969

Died July 1, 2020

John B. Bebee, 89

Born April 25, 1931

Died July 1, 2020

Linda L. "Poni" Wilson, 69

Born October 11, 1950

Died June 29, 2020

Kenneth Ray Benton, 83

Born May 17, 1937

Died June 29, 2020

Roy Dale Jenkins, 80

Born December 11, 1939

Died June 29, 2020

Micheal Joseph Motte, 63

Born December 4, 1956

Died June 27, 2020

Warren Clay Graham Sr., 82

Born October 14, 1937

Died June 26, 2020

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Friday, September 13, 2019, 9:07 AM

Despite questions of whether it is constitutional to stop drivers who are not suspected of a crime and a controversy about it last year, Muskogee police are again declaring that they will start conducting roadside checkpoints in Muskogee intersections to check for the following crimes:

  • Lack of valid driver’s license
  • Unsafe equipment
  • No insurance verification
  • Driving under the influence of an intoxicant

The department states that “the overall goal is to reduce criminal activity and enhance the safety of our motorists.”

While the US Supreme Court has found that DUI checkpoints are violating drivers’ Fourth Amendment rights against illegal search, the court left it up to the states to determine whether to use them anyway. Eleven states have made them illegal, including Texas, but not Oklahoma. In dissenting the US Supreme Court decision, Justice Clarence Thomas said “I rather doubt that the framers of the Fourth Amendment would have considered ‘reasonable’ a program of indiscriminate stops of individuals not suspected of wrongdoing.”

A roadblock whose primary purpose “is ultimately indistinguishable from the general interest in crime control … violate[s] the Fourth Amendment.” City of Indianapolis v. Edmond, 531 U.S. 32, 48, 121 S. Ct. 447, 148 L. Ed. 2d 333 (2000). In addition, the court ruled “[A] general roadblock ….established on the chance of finding someone who has committed a crime…” is “quite clearly” unconstitutional. The decision, which legally called traffic stops “seizures”, also noted that the “general interest in law enforcement simply does not outweigh the liberty interests of those seized, however brief the seizure may be”

Muskogee Police’s press release about the stops this month states “the objective of the roadside safety checks is to deter and/or identify persons operating motor vehicles” that are breaking the laws listed above, which falls under the purview of the Supreme Court’s decision affirming that such stops are illegal.

https://muskogeenow.com/story_images/1568383051.jpg https://muskogeenow.com/muskogee-police-to-again-conduct-checkpoint-stops-despite-questionable-constitutionality