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Florida: Court Approves Detaining Motorists at Toll Booth
#1
Never talk to the police, or Florida toll booth operators!

http://thenewspaper.com/news/39/3904.asp

Florida: Court Approves Detaining Motorists at Toll Booth
US Court of Appeals upholds right of toll road operators to detain drivers for using large denomination currency.

Motorists can be held indefinitely at toll booths if they pay with large denomination bills, according to a federal appeals court ruling handed down Wednesday. A family of drivers -- Joel, Deborah and Robert Chandler -- filed suit last year arguing they were effectively being held hostage by the Florida Department of Transportation (FDOT) and the private contractor in charge of the state's toll road, Faneuil, Inc.

Under FDOT policies in place at the time, motorists who paid with $50 bills, and occasionally even $5 bills, were not given permission to proceed until the toll collector filled out a "Bill Detection Report" with data about the motorist's vehicle and details from his driver's license. Many of those who chose to pay cash did so to avoid the privacy implications of installing a SunPass transponder that recorded their driving habits. They were likewise unwilling to provide personal information to the toll collector, but they had no alternative because the toll barrier would not be raised without compliance. FDOT policy does not allow passengers to exit their vehicle, and backing up is illegal and usually impossible while other cars wait behind. FDOT dropped the Bill Detection Reports in 2010.

A three-judge panel of the Eleventh Circuit US Court of Appeals did not buy the argument that these motorist detentions rose to the level of a constitutional violation.

"The fact that a person is not free to leave on his own terms at a given moment, however, does not, by itself, mean that the person has been 'seized' within the meaning of the Fourth Amendment," the court wrote in its unsigned decision. "In Florida, a person's right and liberty to use a highway is not absolute; it may be regulated in the public interest through reasonable and reasonably executed regulations."

The judges found it was reasonable for Fanueil to set regulations for use of the road -- including the types of acceptable payment. The court decided that drivers implicitly agreed to those conditions by choosing to use the toll road.

"The Chandlers have not alleged that they were forced to pay their tolls with large-denomination bills, thereby subjecting themselves to whatever delay was caused by completion of the Bill Detection Report," the court ruled. "They chose to pay their toll with large-denomination bills. Nor have they alleged that they asked to withdraw the large report-triggering bill in favor of a smaller delay-free bill and were denied that opportunity."

The court dismissed the lawsuit in its entirety. A copy of the decision is available in a 100k PDF file at the link above.
Live Free or Die
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#2
Quote:The judges found it was reasonable for Fanueil to set regulations for use of the road -- including the types of acceptable payment. The court decided that drivers implicitly agreed to those conditions by choosing to use the toll road.

Were all the terms of that agreement available for reading BEFORE someone enters the highway?
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#3
Wow.... even $5 bills. This basically means that by paying cash for a toll they have a way to keep track of you. More big brother. Use easy pass and they can track you, use cash and they can track you.

"it may be regulated in the public interest through reasonable and reasonably executed regulations."

And just how is taking down information of U.S citizens in the public interest? I think they mean in the governments interest.

streaker69;12325 Wrote:
Quote:The judges found it was reasonable for Fanueil to set regulations for use of the road -- including the types of acceptable payment. The court decided that drivers implicitly agreed to those conditions by choosing to use the toll road.

Were all the terms of that agreement available for reading BEFORE someone enters the highway?

Even though the tolls are collected by a private contractor, the roads are built with public money afaik. The toll company should just collect the tolls, not start setting policies and taking down citizens personal information. IMO
Everytime we look the other way when someone else loses rights we disagree with, we make it easier to lose the rights we support.

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#4
streaker69;12325 Wrote:
Quote:The judges found it was reasonable for Fanueil to set regulations for use of the road -- including the types of acceptable payment. The court decided that drivers implicitly agreed to those conditions by choosing to use the toll road.

Were all the terms of that agreement available for reading BEFORE someone enters the highway?


That's like the invisible Terms of Service you magically agree to, to be molested and violated when you to when you go into an airport. I find it interesting the government doesn't even want to accept it's own money anymore.

To show you how far the "full credit and faith of the United States government" goes try to pass a $50 or $100 bill anywhere but a bank you have an account with these days. Nobody takes them anymore anywhere, and if you can't spend that paper anywhere it shows it is becoming even more worthless every day. It's quickly becoming almost as worthless as the 50 billion Dollar Zimbabwe note I keep in my wallet as a joke to explain to people how hyperinflation works and what QE actually does.

[Image: 1510239_100122155643_zimb50bilr.jpg]
The forum poster formerly known as Emoticon...
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#5
I'll bet not a single stripper has ever been affected by one of these delay inducing reports.
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#6
"This note legal tender for ALL DEBTS, PUBLIC & PRIVATE!"



Wellllll... IS it, or ISN'T it?!?! Shrug
The War Wagon, proud to be a member of pa2a.org since Sep 2012. Anim_banana

[Image: won-rev-big-2.jpg]
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#7
The War Wagon;12415 Wrote:"This note legal tender for ALL DEBTS, PUBLIC & PRIVATE!"



Wellllll... IS it, or ISN'T it?!?! Shrug

They're not saying that they won't accept it, but they'll accept it with conditions.
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#8
The war on terror has made the war on drugs look like a constitutional convention.
It’s only going to get worse.
Welcome to ObamaNation part deuxUtg
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#9
Emoticon;12365 Wrote:~snip~
It's quickly becoming almost as worthless as the 50 billion Dollar Zimbabwe note I keep in my wallet as a joke to explain to people how hyperinflation works and what QE actually does.

[Image: 1510239_100122155643_zimb50bilr.jpg]

I've got ya beat, I've got more worthless money than that Tongue

[Image: P1220001Medium.jpg]
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#10
I heard rumor that PA was going to get rid of tollbooths and go with EZ Pass for everyone. If you don't have the EZ Pass device, they send you a bill every month. They will track your license plate to come up with the charges and get your address.
Interdum feror cupidine partium magnarum Europae vincendarum
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