Which of the following amendments to the Constitution most likely provides the basis for a driver to challenge the constitutiona
lity 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
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.