Question

Which of the following amendments to the Constitution most likely provides the basis for a driver to challenge the constitutionality of police use of sobriety checkpoints in enforcing drunk driving laws? The First Amendment right to petition the government for a redress of grievances A. The Fourth Amendment protection against unreasonable search and seizure B. The Fifth Amendment protection against self-incrimination C. The Eighth Amendment protection against cruel and unusual punishment D. The Tenth Amendment right of states to powers not given to the national government

Answer 1

Answer:

A. The Fourth Amendment protection against unreasonable search and seizure

Explanation:

Basically, the Fourth Amendment is aimed at protection of citizens against unreasonable searches and seizures. This is applicable on the person as well as the property. Hence, this gives a person the right to use constitution defending themselves and their property against unreasonable searches and seizures. This includes sobriety checkpoints or a house search as long as there is no clear reason or suspicion for a search.