Vid Of Guy Not Consenting to DUI Checkpoint

shankster..

shankster..

Gunny Sergeant
Full Member
Minuteman
May 11, 2004
3,089
55
North Idaho
#1
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What is your feeling about the legality of the these checkpoints. Was he within his rights?
 
#4
Re: Vid Of Guy Not Consenting to DUI Checkpoint

Every state is different in terms of the legalities of so-called "sobriety checkpoints" so it really comes down to how states interpret their respective laws. Some states have gone so far as to uphold the checkpoints based on federal constitutional authorities (as has the District of Columbia). Other states have found them specifically ILLEGAL under their "roadblock" statutes (or as state constitutional violations)...other states have specifically illegalized them by statute (Wisconsin for one). Here in WV, we don't have a specific "sobriety checkpoint" statute, but the checkpoints have been upheld on constitutional grounds in several cases (dating back 30+ years), but they must be "non-discriminatory" in their operation and meet certain other "scrutiny" established by our State Supreme Court.

As for the video...I am almost positive that Nevada specifically authorizes sobriety checkpoints by statute, so If I'm correct on that...if those officers really wanted to bust that idiot's balls they were likely well within their discretion and the bounds of NV law to do so!!
 
#6
Re: Vid Of Guy Not Consenting to DUI Checkpoint

I think he has every right to do what he did. I think also the police officer has every right to detain him until he knows what is going on. I'M NOT A LAWYER, I just think he is looking for trouble.
 
#7
Re: Vid Of Guy Not Consenting to DUI Checkpoint

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: JCH</div><div class="ubbcode-body">I think he has every right to do what he did. I think also the police officer has every right to detain him until he knows what is going on. I'M NOT A LAWYER, I just think he is looking for trouble. </div></div>

thats EXACTLY what he was doing.
 
#8
Re: Vid Of Guy Not Consenting to DUI Checkpoint

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: slowkota</div><div class="ubbcode-body">Whats that piece of paper he's holdin up???</div></div>

a permission slip signed by his mother when he left the house.
 
#10
Re: Vid Of Guy Not Consenting to DUI Checkpoint

The next video would have been patrol car video showing him failing to signal a lane change, making a wide right turn, having no front license plate...and being arrested for a traffic violation...

..just sayin..
 
#11
Re: Vid Of Guy Not Consenting to DUI Checkpoint

Yeah, if the po-po wants to pin something on you, it can easily be done if he follows you long enough. <span style="text-decoration: underline">No one</span> is a perfect driver 100% of the time and all it takes is one small mistake to issue a citation.
 
#12
Re: Vid Of Guy Not Consenting to DUI Checkpoint

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: JCH</div><div class="ubbcode-body">I think he has every right to do what he did. I think also the police officer has every right to detain him until he knows what is going on. I'M NOT A LAWYER, I just think he is looking for trouble. </div></div>

Exactly! It does make for great entertainment though!
 
#13
Re: Vid Of Guy Not Consenting to DUI Checkpoint

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: JCH</div><div class="ubbcode-body">I think he has every right to do what he did. I think also the police officer has every right to detain him until he knows what is going on. I'M NOT A LAWYER, I just think he is looking for trouble. </div></div>

I strongly disagree.
Rights that are not exercised tend to become atrophied.

The only reason we have firearms, or for that matter a gun forum, is that when those who oppose our freedoms push from their side, we push back.

If everyone begins to think that it's OK to detain people, check them, and search their persons and properties until something illegal is found or they are cleared, then we are no longer a free society.

He may be a complete asshole, but he still has the same rights that we all do. Good for him for using them!
 
#14
Re: Vid Of Guy Not Consenting to DUI Checkpoint

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: tucker301</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: JCH</div><div class="ubbcode-body">I think he has every right to do what he did. I think also the police officer has every right to detain him until he knows what is going on. I'M NOT A LAWYER, I just think he is looking for trouble. </div></div>

I strongly disagree.
Rights that are not exercised tend to become atrophied.

The only reason we have firearms, or for that matter a gun forum, is that when those who oppose our freedoms push from their side, we push back.

If everyone begins to think that it's OK to detain people, check them, and search their persons and properties until something illegal is found or they are cleared, then we are no longer a free society.

He may be a complete asshole, but he still has the same rights that we all do. Good for him for using them! </div></div>


what he said....
 
#15
Re: Vid Of Guy Not Consenting to DUI Checkpoint

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: tucker301</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: JCH</div><div class="ubbcode-body">I think he has every right to do what he did. I think also the police officer has every right to detain him until he knows what is going on. I'M NOT A LAWYER, I just think he is looking for trouble. </div></div>

I strongly disagree.
Rights that are not exercised tend to become atrophied.

The only reason we have firearms, or for that matter a gun forum, is that when those who oppose our freedoms push from their side, we push back.

If everyone begins to think that it's OK to detain people, check them, and search their persons and properties until something illegal is found or they are cleared, then we are no longer a free society.

He may be a complete asshole, but he still has the same rights that we all do. Good for him for using them!</div></div>
+1
That goes for the checkpoints on the highway. Like the one that is at the Arizona border. Way inside the state. We should protect the border AT the border.
 
#16
Re: Vid Of Guy Not Consenting to DUI Checkpoint

Exercising one's rights and purposely showing up at a known DWI checkpoint with a video camera to intentionally aggravate the cops is another.

We will likely aggravate you back.
 
#17
Re: Vid Of Guy Not Consenting to DUI Checkpoint

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: KillShot</div><div class="ubbcode-body">Yeah, if the po-po wants to pin something on you, it can easily be done if he follows you long enough. <span style="text-decoration: underline">No one</span> is a perfect driver 100% of the time and all it takes is one small mistake to issue a citation. </div></div>

On the flip-side: one could follow a cop long enough to see him violate somebody's rights, but that's not the point this guy is trying to make. This cop was pretty close at several points but continually checked himself. Props on the cop for not folding, lessor cops would have fucked up and this guy would have nailed them (his objective). Somebody who is willing to instigate this situation is also willing to pursue the issue all the way to the top (hence the video evidence) and the cop/dept. in question would have caught the wrath.

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: KillShot</div><div class="ubbcode-body"> stupid jackass </div></div>

What is scary here is that we are shocked to see somebody exercise their rights and label him as crazy but isn't it crazy to simply fold and bow to the police-state that we are allowing ourselves to become??
 
#18
Re: Vid Of Guy Not Consenting to DUI Checkpoint

<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body"> What is scary here is that we are shocked to see somebody exercise their rights and label him as crazy but isn't it crazy to simply fold and bow to the police-state that we are allowing ourselves to become?? </div></div>

+1.......
 
#19
Re: Vid Of Guy Not Consenting to DUI Checkpoint

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Jeo556</div><div class="ubbcode-body"> <div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body"> What is scary here is that we are shocked to see somebody exercise their rights and label him as crazy but isn't it crazy to simply fold and bow to the police-state that we are allowing ourselves to become?? </div></div>

+1.......

</div></div>


... and one more!
 
#20
Re: Vid Of Guy Not Consenting to DUI Checkpoint

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: tucker301</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Jeo556</div><div class="ubbcode-body"> <div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body"> What is scary here is that we are shocked to see somebody exercise their rights and label him as crazy but isn't it crazy to simply fold and bow to the police-state that we are allowing ourselves to become?? </div></div>

+1.......

</div></div>


... and one more! </div></div>

me 2
 
#21
Re: Vid Of Guy Not Consenting to DUI Checkpoint

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: High Binder</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: KillShot</div><div class="ubbcode-body">Yeah, if the po-po wants to pin something on you, it can easily be done if he follows you long enough. <span style="text-decoration: underline">No one</span> is a perfect driver 100% of the time and all it takes is one small mistake to issue a citation. </div></div>

On the flip-side: one could follow a cop long enough to see him violate somebody's rights, but that's not the point this guy is trying to make. This cop was pretty close at several points but continually checked himself. Props on the cop for not folding, lessor cops would have fucked up and this guy would have nailed them (his objective). Somebody who is willing to instigate this situation is also willing to pursue the issue all the way to the top (hence the video evidence) and the cop/dept. in question would have caught the wrath.

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: KillShot</div><div class="ubbcode-body"> stupid jackass </div></div>

What is scary here is that we are shocked to see somebody <span style="color: #FF0000">exercise their rights</span> and label him as crazy but isn't it crazy to simply fold and bow to the police-state that we are allowing ourselves to become?? </div></div>

What rights exactly are we talking about here? Last time I checked, driving was a privilege NOT a right. This guy is a douchebag plain and simple and all he wants is his 15 mins. They could have arrested him for a variety of charges and impounded his car on top of that.

God forbid these guys try to take a proactive approach against DWI. Damned if you do, damned if you don't.
 
#22
Re: Vid Of Guy Not Consenting to DUI Checkpoint

He acted completely within his rights.

A lot of actions taken by LE are predicated on the notion that a subject will not invoke the full extent of his constitutional rights. This guy invoked them at full volume, and it actually seems weird or unusual to many to see that happen.

These aren't state to state issues raised in the video mostly. They are core civil rights, SCOTUS decided issues that are the law of the land.

The "free to leave" issue does raise some state law issues. If a person requesting to leave is prohibited from doing so, and PC or reasonable suspicion doesn't exist at that moment to justify an investigative detention (clearly this does not clear that bar) the LEO may have created a de-facto arrest situation.

It's when a person can no longer do what he did in the video that we will have turned a bad corner.

--Fargo007
 
#23
Re: Vid Of Guy Not Consenting to DUI Checkpoint

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Slapchop</div><div class="ubbcode-body">

What rights exactly are we talking about here? Last time I checked, driving was a privilege NOT a right. This guy is a douchebag plain and simple and all he wants is his 15 mins. They could have arrested him for a variety of charges and impounded his car on top of that.

God forbid these guys try to take a proactive approach against DWI. Damned if you do, damned if you don't. </div></div>

The fact that he is driving has nothing to do with it... The same rights would have applied if he were in his house or walking down the street. And as I mentioned before ~3rd, ~4th and 5th.

So since you're so well versed, what would he have been arrested for that would have stuck? A cop can arrest you for anything he can come up with but luckily he has to prove that you're guilty of something legit in order to make it stick (hence the video)... The cop in the video knew he was powerless which is why he pushed the issue but ultimately didn't do anything.

Makes me sad that more and more people think the way you do... I was hit by a fucking scumbag drunk 12 years ago and have 5 damaged disks in my back from it, I can't walk very far and will require surgery to correct it someday. I hate drunks as much as the next guy but you can't supersede the law just because you have a moral objection to it... Now individual states may have stricter laws about check-points and I'm all for getting drunks off the roads but the bottom line is that when push comes to shove, the cops no matter the individual laws of the state, cannot trump a citizens basic rights. (side note: that doesn't mean that it doesn't happen)

The reality of the situation is that sheep-like thinking has allowed our basic rights to be lessened and morphed into all forms of bullshit bastardizations, often requiring complex "tests" by the courts to determine whether a right can be applied to a situation. The fact of the matter is that complacency such as the type you demonstrated has led to countless 'conditions' being applied to what was once your basic rights. The guy in this video is battling this on your behalf and being demonized by you for it...

Remember neither the cop nor the dude DID anything wrong. They both pushed each other and attempted to force a confrontation but in the end both of them did the right thing...
 
#24
Re: Vid Of Guy Not Consenting to DUI Checkpoint

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: High Binder</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Slapchop</div><div class="ubbcode-body">

What rights exactly are we talking about here? Last time I checked, driving was a privilege NOT a right. This guy is a douchebag plain and simple and all he wants is his 15 mins. They could have arrested him for a variety of charges and impounded his car on top of that.

God forbid these guys try to take a proactive approach against DWI. Damned if you do, damned if you don't. </div></div>

The fact that he is driving has nothing to do with it... The same rights would have applied if he were in his house or walking down the street. And as I mentioned before ~3rd, ~4th and 5th.

So since you're so well versed, what would he have been arrested for that would have stuck? A cop can arrest you for anything he can come up with but luckily he has to prove that you're guilty of something legit in order to make it stick (hence the video)... The cop in the video knew he was powerless which is why he pushed the issue but ultimately didn't do anything.

Makes me sad that more and more people think the way you do... I was hit by a fucking scumbag drunk 12 years ago and have 5 damaged disks in my back from it, I can't walk very far and will require surgery to correct it someday. I hate drunks as much as the next guy but you can't supersede the law just because you have a moral objection to it... Now individual states may have stricter laws about check-points and I'm all for getting drunks off the roads but the bottom line is that when push comes to shove, the cops no matter the individual laws of the state, cannot trump a citizens basic rights. (side note: that doesn't mean that it doesn't happen)

The reality of the situation is that sheep-like thinking has allowed our basic rights to be lessened and morphed into all forms of bullshit bastardizations, often requiring complex "tests" by the courts to determine whether a right can be applied to a situation. The fact of the matter is that complacency such as the type you demonstrated has led to countless 'conditions' being applied to what was once your basic rights. The guy in this video is battling this on your behalf and being demonized by you for it... </div></div>

Well put.

Looks like someone needs a Constitution 101 refresher.
 
#25
Re: Vid Of Guy Not Consenting to DUI Checkpoint

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: 50calcruiser</div><div class="ubbcode-body">

Looks like someone needs a Constitution 101 refresher.
</div></div>

Agreed! I think our whole nation needs a refresher course.
 
#26
Re: Vid Of Guy Not Consenting to DUI Checkpoint

I am disgusted by those who drive impaired, but I have a problem with checkpoints. Drunk driving in itself creates no victims.
It's the crashing that creates victims.

The majority of crashes occur without intoxication. A quick search yielded a 2003 statistic showing 40% of the 42,642 traffic accident deaths were the result of drunk-driving.....the other 60% were not alcohol related. If they arrested all of the sober drivers they would save more lives.
laugh.gif



Should we submit to background or sobriety checks anytime we are seen with a gun?
Adults interacting with children are much more likely to molest; versus those who spend no time with children.
Arabs are more likely to hijack planes.
Politicians are eager to remove liberties when it will get them elected.

There are some really bad drivers on the road today and from what I have seen very few of them are intoxicated....they are just plain dangerous. When I seee someone like this I report it. I have no problem with being pulled for erratic driving. I do have a problem with being pulled for "driving". This reminds me of movie scenes of a uniformed guy with a German or Russian accent stopping people and asking to see their papers.

Strong sentences are the answer to those who would harm others; removing freedom once they actuallly harm someone. The idea of removing freedoms from one or all "before" you can harm someone scares me more than drunk drivers.

Just my opinion.
 
#28
Re: Vid Of Guy Not Consenting to DUI Checkpoint

My personal all time favorite.
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#29
Re: Vid Of Guy Not Consenting to DUI Checkpoint

He was within his rights. The cops were not (RYFC- Read Your _____ Constitution)

No cop worth the copper in his badge would man one of those police state checkpoints.

Fortunately, my department agrees.
 
#30
Re: Vid Of Guy Not Consenting to DUI Checkpoint

I'm a cop too and while I understand how both sides feel that guy was a jackass looking for a fight. We do these all the time and have been thanked over and over by the local residents for being there, they want us there. These "checkpoints" are not just for DUI but for narcotics trafficing and burglars. We use them in areas hit by thieves to try and catch them coming or going and it works. It takes one minute to show your license and insurance and if you have done nothing wrong you have nothing to fear.
 
#31
Re: Vid Of Guy Not Consenting to DUI Checkpoint

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Rafael</div><div class="ubbcode-body">I am disgusted by those who drive impaired, but I have a problem with checkpoints. Drunk driving in itself creates no victims.
It's the crashing that creates victims.

The majority of crashes occur without intoxication. A quick search yielded a 2003 statistic showing 40% of the 42,642 traffic accident deaths were the result of drunk-driving.....the other 60% were not alcohol related. If they arrested all of the sober drivers they would save more lives.
laugh.gif



Should we submit to background or sobriety checks anytime we are seen with a gun?
Adults interacting with children are much more likely to molest; versus those who spend no time with children.
Arabs are more likely to hijack planes.
Politicians are eager to remove liberties when it will get them elected.

There are some really bad drivers on the road today and from what I have seen very few of them are intoxicated....they are just plain dangerous. When I seee someone like this I report it. I have no problem with being pulled for erratic driving. I do have a problem with being pulled for "driving". This reminds me of movie scenes of a uniformed guy with a German or Russian accent stopping people and asking to see their papers.

Strong sentences are the answer to those who would harm others; removing freedom once they actuallly harm someone. The idea of removing freedoms from one or all "before" you can harm someone scares me more than drunk drivers.

Just my opinion. </div></div>

Likewise, if it's such a horrible problem - outlaw booze (wait the state makes too much money $$$$$ to outlaw it)
 
#32
Re: Vid Of Guy Not Consenting to DUI Checkpoint

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: topgun99</div><div class="ubbcode-body">.... and if you have done nothing wrong you have nothing to fear. </div></div>

<span style="font-size: 17pt">-</span>1. Its that attitude that we should all fear most.
 
#33
Re: Vid Of Guy Not Consenting to DUI Checkpoint

I think he did a great thing. Since the police did not answer his direct question about whether he was being detained, they had no right to detain him. They knew they had no right to do so, since they did not detain him further, but let him go. I suspect since they knew he had the video, they would not even think of trying to follow him and cite him for something else, because they knew he would take them to court, and they did not want to face him there.

As far as those who think that you have nothing to fear if you have done nothing wrong, that is absolutely not true. I know personally of a case where the police altered one of an upstanding, law abiding citizen's possessions at the scene, to make something that was legal into something that was not legal. Why? Perhaps they needed more points that day. His legal fees to have this BS dismissed were over $10,000.00. What if that had been you, and you did not have that kind of money? Next time, he will proudly and happily do exactly what the man in the video did.

Sobriety checkpoints are a crock. If someone is not driving in a way that indicates that he may be drunk, the police have absolutely no business pulling him over for a sobriety check. Why not line up all the politicians, and give them mandatory polygraph tests? I suspect that proportion of lying politicians is much higher than the proportion of drunk drivers, and politicians hold our financial futures, and our lives, in their hands.
 
#34
Re: Vid Of Guy Not Consenting to DUI Checkpoint

Too many comments to address so I will simply say that I think I have nothing to say the next time I have to go through a checkpoint. Well I may give them my very well known lawyers phone number!
 
#35
Re: Vid Of Guy Not Consenting to DUI Checkpoint

This discussion could go on forever, everyone has an opinion. Each state determines for themselves the legallity of checkpoints and how they will be conducted and what could happen if you were to choose to be like this guy. As to officer conduct, my apologies to anyone who has had a bad experience as in the above post. I have worked with more than a few bad officers and have helped to get a few off the street.
 
#36
Re: Vid Of Guy Not Consenting to DUI Checkpoint

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: KIMO</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: topgun99</div><div class="ubbcode-body">.... and if you have done nothing wrong you have nothing to fear. </div></div>

-1. </div></div>

Bullshit. What I fear is you and your mentality slowly eroding my rights and freedoms to the point that you can "manufacture" circumstances to fit you desire to fuck with me. As a free American I find that totally unacceptable.

Though I do despise drunks and especially drunk driving, that doesnt give yuo the right to do what ever you want.
 
#37
Re: Vid Of Guy Not Consenting to DUI Checkpoint

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: topgun99</div><div class="ubbcode-body">This discussion could go on forever, everyone has an opinion. Each state determines for themselves the legallity of checkpoints and how they will be conducted and what could happen if you were to choose to be like this guy. As to officer conduct, my apologies to anyone who has had a bad experience as in the above post. I have worked with more than a few bad officers and have helped to get a few off the street. </div></div>

Keep up the good work, there are plenty of them out there.
 
#38
Re: Vid Of Guy Not Consenting to DUI Checkpoint

<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">Why? Perhaps they needed more points that day.</div></div>

Not to change the subject but, I use to think this was an old wives tale until I became good friends with a cop on the OKC PD. He laughs about the 40 points a day he has to average per 30 days. The PD calls it "goals and objectives" to hide the fact that it's a quota. My friend says they object to giving him a paycheck if he doesn't reach his goals.

Of course he can reach his daily goal without writing a single ticket, it just takes longer.
 
#39
Re: Vid Of Guy Not Consenting to DUI Checkpoint

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: 50calcruiser</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">Why? Perhaps they needed more points that day.</div></div>

Not to change the subject but, I use to think this was an old wives tale until I became good friends with a cop on the OKC PD. He laughs about the 40 points a day he has to average per 30 days. The PD calls it "goals and objectives" to hide the fact that it's a quota. My friend says they object to giving him a paycheck if he doesn't reach his goals.

Of course he can reach his daily goal without writing a single ticket, it just takes longer. </div></div>

They can call it what they want and try to sugar coat it but the simple fact is it's a quota. Here the highway patrol is supposed to make one contact per hour at minimum. That doesn't mean they have to right a ticket, it can be a motorist assist, a warning, or even a welfare check. The fact that they are supposed to make those contacts meets the definition of quota.
 
#40
Re: Vid Of Guy Not Consenting to DUI Checkpoint

I check the road block arrest/citations-issued, results every time they are posted in the local newspaper. I am continually reading of how great a success (?) the road block has been by "catching" 3 DUI offenders after checking 500+ vehicles! Of course they throw in all the other goodies such as seat belt, insurance card, outstanding warrants, etc..to spruce up the results. But make no mistake about it, this has nothing to do with drunk driving. It has everything to do with state control of a soverign citizenry. Road blocks and anyone who considers such behaviour by the state acceptable, SUCK!
 
#42
Re: Vid Of Guy Not Consenting to DUI Checkpoint

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: topgun99</div><div class="ubbcode-body">I'm a cop too and while I understand how both sides feel that guy was a jackass looking for a fight. We do these all the time and have been thanked over and over by the local residents for being there, they want us there. These "checkpoints" are not just for DUI but for narcotics trafficing and burglars. We use them in areas hit by thieves to try and catch them coming or going and it works. It takes one minute to show your license and insurance and if you have done nothing wrong you have nothing to fear. </div></div>

If they search your house its no big deal if you have done nothing wrong you have nothing to fear. If you are monitored electronicaly and you have done nothing wrong you have nothing to fear. If we strip you down naked and you have done nothing wrong you have nothing to fear.

BTW, who determines what "wrong" is???
 
#43
Re: Vid Of Guy Not Consenting to DUI Checkpoint

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: topgun99</div><div class="ubbcode-body">This discussion could go on forever, everyone has an opinion. Each state determines for themselves the legallity of checkpoints and how they will be conducted and what could happen if you were to choose to be like this guy. As to officer conduct, my apologies to anyone who has had a bad experience as in the above post. I have worked with more than a few bad officers and have helped to get a few off the street. </div></div>

I wish there was someone like you out in Clovis when I was younger but when the Police Chief lies to defend his guys and his organization I doubt that you would be able to effect much.
 
#44
Re: Vid Of Guy Not Consenting to DUI Checkpoint

You guys can argue that the guy was well within his "rights" and that he did nothing wrong due to the fact that the cop backed down and he went on his way.

Me personally, his refusal would have raised my level of suspicion and trust me there are 101 ways to legally make that guy comply. The problem I saw was cops that don't know the law and don't know what they can or CAN'T do. Lots of cops are also intimidated by video cameras which I find hilarious. If you know your job and do it well, the footage will work against most idiots like this.

Everyone sees videos like this and they love to shout "rah rah rah" "Amendments this, constitution that". If I had a penny for every time I've heard someone say "you can't violate my rights, haven't you heard of the constitution"? Yet when questioned on the very documents that they love to toss around, they all of a sudden get a deer in the headlights look. Most people can't even spell amendment or know how many there are, much less what they stand for.

If you can't be bothered with DWI checkpoints then the simple solution is to not drive.
 
#45
Re: Vid Of Guy Not Consenting to DUI Checkpoint

Here's another guy that knows his rights. (yes, I know it's fake/comedy)
<object width="425" height="350"> <param name="movie" value="http://www.youtube.com/v/95qZtwJNjxk&feature=youtube_gdata_player"></param> <param name="wmode" value="transparent"></param> <embed src="http://www.youtube.com/v/95qZtwJNjxk&feature=youtube_gdata_player" type="application/x-shockwave-flash" wmode="transparent" width="425" height="350"> </embed></object>
 
#46
Re: Vid Of Guy Not Consenting to DUI Checkpoint

"The Supreme Court also stated that motorists who seek to avoid a roadblock may not be stopped and detained merely because they attempted to avoid the roadblock. However, if the motorist commits a vehicle code violation or displays obvious signs of intoxication, there is adequate probable cause to pull over the motorist, after which point general principles of detention and arrest apply."

So you don't have to stop. However, by the actions of the cop in the vid who called the vehicle in front to be stopped, the cop created an illegal barrier and detained the driver and prevented him from driving on.

Slapchop, your reference that driving is a privilege and not a right seems to suggest that citizens are granted that right at the pleasure of LE. That is absurd. You, and other cops, are servants of the public, we are YOUR paymasters and you serve at OUR pleasure. You are not our overlords. It all too often seems that the donning of a uniform means to the wearer that their will shall not be denied. The sole purpose of a DUI roadblock is a regulatory one and to ensure the drivers are not impaired. The driver clearly demonstrated by his actions and speech that he was not impaired. The fact is, he didn't comply with how the officer wanted him to behave and hence the standoff. I've experienced times when cops want the respect shown (demanded) rather than to see the law observed and I've personally been the victim of the police withholding evidence in a traffic violation case brought against me (thankfully the judge saw through their bullshit and threw out the charges).

Cops are not perfect people just because they are cops. Given their roles and the consequences of how they can abuse the power they have they SHOULD be under scrutiny. In reference to your point about video cameras and if the cops do their jobs right - I agree. IF. Until all police officers are perfect and perform their duties perfectly I welcome citizens who use cameras, who question police actions and demand some scrutiny. As there is a need for checks and balances in governance so there is in the enforcement of the law.
 
#47
Re: Vid Of Guy Not Consenting to DUI Checkpoint

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: EventHorizon</div><div class="ubbcode-body">"The Supreme Court also stated that motorists who seek to avoid a roadblock may not be stopped and detained merely because they attempted to avoid the roadblock. However, if the motorist commits a vehicle code violation or displays obvious signs of intoxication, there is adequate probable cause to pull over the motorist, after which point general principles of detention and arrest apply."

So you don't have to stop. However, by the actions of the cop in the vid who called the vehicle in front to be stopped, the cop created an illegal barrier and detained the driver and prevented him from driving on.

Slapchop, your reference that driving is a privilege and not a right seems to suggest that citizens are granted that right at the pleasure of LE. That is absurd. You, and other cops, are servants of the public, we are YOUR paymasters and you serve at OUR pleasure. You are not our overlords. It all too often seems that the donning of a uniform means to the wearer that their will shall not be denied. The sole purpose of a DUI roadblock is a regulatory one and to ensure the drivers are not impaired. The driver clearly demonstrated by his actions and speech that he was not impaired. The fact is, he didn't comply with how the officer wanted him to behave and hence the standoff. I've experienced times when cops want the respect shown (demanded) rather than to see the law observed and I've personally been the victim of the police withholding evidence in a traffic violation case brought against me (thankfully the judge saw through their bullshit and threw out the charges).

Cops are not perfect people just because they are cops. Given their roles and the consequences of how they can abuse the power they have they SHOULD be under scrutiny. In reference to your point about video cameras and if the cops do their jobs right - I agree. IF. Until all police officers are perfect and perform their duties perfectly I welcome citizens who use cameras, who question police actions and demand some scrutiny. As there is a need for checks and balances in governance so there is in the enforcement of the law. </div></div>

Bravo!
 
#48
Re: Vid Of Guy Not Consenting to DUI Checkpoint

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: EventHorizon</div><div class="ubbcode-body">"The Supreme Court also stated that motorists who seek to avoid a roadblock may not be stopped and detained merely because they attempted to avoid the roadblock. However, if the motorist commits a vehicle code violation or displays obvious signs of intoxication, there is adequate probable cause to pull over the motorist, after which point general principles of detention and arrest apply."

So you don't have to stop. However, by the actions of the cop in the vid who called the vehicle in front to be stopped, the cop created an illegal barrier and detained the driver and prevented him from driving on.

Slapchop, your reference that driving is a privilege and not a right seems to suggest that citizens are granted that right at the pleasure of LE. That is absurd. You, and other cops, are servants of the public, we are YOUR paymasters and you serve at OUR pleasure. You are not our overlords. It all too often seems that the donning of a uniform means to the wearer that their will shall not be denied. The sole purpose of a DUI roadblock is a regulatory one and to ensure the drivers are not impaired. The driver clearly demonstrated by his actions and speech that he was not impaired. The fact is, he didn't comply with how the officer wanted him to behave and hence the standoff. I've experienced times when cops want the respect shown (demanded) rather than to see the law observed and I've personally been the victim of the police withholding evidence in a traffic violation case brought against me (thankfully the judge saw through their bullshit and threw out the charges).

Cops are not perfect people just because they are cops. Given their roles and the consequences of how they can abuse the power they have they SHOULD be under scrutiny. In reference to your point about video cameras and if the cops do their jobs right - I agree. IF. Until all police officers are perfect and perform their duties perfectly I welcome citizens who use cameras, who question police actions and demand some scrutiny. As there is a need for checks and balances in governance so there is in the enforcement of the law. </div></div>

Thank you!

+1 for the guy in the video.


 
#49
Re: Vid Of Guy Not Consenting to DUI Checkpoint

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: SniperCJ</div><div class="ubbcode-body">

We will likely aggravate you back. </div></div>

AHHH yes! Don't you dare question the man.

The sad part is, I can hear about 7 officers saying that as I read it.


 
#50
Re: Vid Of Guy Not Consenting to DUI Checkpoint

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Slapchop</div><div class="ubbcode-body">You guys can argue that the guy was well within his "rights" and that he did nothing wrong due to the fact that the cop backed down and he went on his way.

Me personally, his refusal would have raised my level of suspicion and trust me there are 101 ways to legally make that guy comply. The problem I saw was cops that don't know the law and don't know what they can or CAN'T do. Lots of cops are also intimidated by video cameras which I find hilarious. If you know your job and do it well, the footage will work against most idiots like this.

Everyone sees videos like this and they love to shout "rah rah rah" "Amendments this, constitution that". If I had a penny for every time I've heard someone say "you can't violate my rights, haven't you heard of the constitution"? Yet when questioned on the very documents that they love to toss around, they all of a sudden get a deer in the headlights look. Most people can't even spell amendment or know how many there are, much less what they stand for.

If you can't be bothered with DWI checkpoints then the simple solution is to not drive. </div></div>

REALLY?

The things you have stated give me that warm fuzzy feeling being just a citizen.

By that logic you shouldn't own a house if you don't want it searched.
 
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