The Right of a citizen to Travel upon the public highways and to - TopicsExpress



          

The Right of a citizen to Travel upon the public highways and to transport one’s property thereon, either by carriage or automobile, is not a mere privilege which a city may prohibit or permit at will but a common right which he / she has under the right to life, liberty, and the pursuit of happiness. Thompson v. Smith 154SE 579: “No state shall convert a liberty into a privilege, license it, and attach a fee to it.” Murdock v. Penn., 319 US 105 “If the state converts a liberty into a privilege, the citizen can engage in the right with impunity.” Shuttlesworth v. Birmingham, 373 US 262 “Traffic infractions are not a crime.” People v. Battle, 50 Cal. App. 3,step 1, 123 Cal.Rptr. 636,639. “Speeding, driving without a license, wrong plates or no plates, no registration, no tags, etc., have been held to be “non-arrestable offenses” (Cal V. Farley, 98 Cal. Rep. 89, 20 CA 3d 1032. The Right to Travel; The Right to Mode of Conveyance; The Right to Locomotion are all absolute rights, and the police cannot make void the exercise of Rights. State v. Armstead, 60 s. 778, 779, and 781:
Posted on: Mon, 18 Nov 2013 00:48:38 +0000

Trending Topics



Recently Viewed Topics




© 2015