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re: DUI Checkpoints: What are the laws surrounding them?
Posted on 2/27/23 at 4:15 pm to RolltidePA
Posted on 2/27/23 at 4:15 pm to RolltidePA
quote:
Funny that you mention this; I’ve seen several police departments and police unions lobbying to make Uber illegal in their area. Specifically, because revenue is lacking. Imagine that, they are lobbying for more crime because it suits them financially. Protect and serve… sure.
Can you link to an example?
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Posted on 2/27/23 at 4:20 pm to tigersownall
quote:
Actually. If you have not committed a crime you don’t even need to identify yourself. Reasonable articulable suspicion is what they need. You driving your car legally down the road is not enough.
Yeah, uhh no. Whether you actually committed a crime has nothing to do with whether or not an officer has reasonable suspicion or probable cause to investigate and thus demand ID.
911 call comes in about a stabbing. You have been drinking that day and decide to butcher a whole hog for the cochon de lait comme ca. You stumble out into the street covered in hog blood carrying your knife right as a patrol car drives by. They approach you and you say "I REFUSE TO IDENTIFY MYSELF AS I HAVE COMMITTED NO CRIMES, ME!!"
This would actually fall under exigent circumstances, but you get my drift.
Posted on 2/27/23 at 4:44 pm to jcaz
quote:
Did you know a LEO can arrest anyone for “suspicion of impairment”. Doesn’t matter if you are sober. If he feels like you are being a turd for enjoying your rights he can arrest you. Charges will be dropped once it’s obvious you weren’t impaired but arrest is still on your record.
This old phrase of “nothing to fear if you are not breaking law” is naive and stupid. Never trust the police.
Your premise is that if you don't cooperate, you may be abused by the police, so that proves you shouldn't cooperate? Doesn't seem very pragmatic. There are definitely situations when you shouldn't cooperate with the police, but I'm not sure DUI checkpoints are one of those situations. I have more philosophical problems with them using the DUI check as an excuse to randomly check your license, registration, insurance, etc. Those things have nothing to do with DUI, and they have no probable cause that justifies needing that info.
Posted on 2/27/23 at 4:50 pm to LSUisKING
quote:
If you refuse, you'll certainly raise suspicion and then fall under an entirely different set of protocol... So, just roll down the window...
Won't they smell the weed then?
Posted on 2/27/23 at 5:38 pm to 0x15E
At a pop-up checkpoint for registration and insurance the officer asked me for Driver’s license and registration, proof of insurance. In his view I opened my wallet and my concealed array pistol permit was visible. He said, “Just go on your way….thanks.”
That was strange.
That was strange.
Posted on 2/27/23 at 5:41 pm to sta4ever
quote:
Don’t drink and drive and you’ll have nothing to worry about
That is not the point, jagweed.
Posted on 2/27/23 at 5:43 pm to Tigerlaff
quote:
911 call comes in about a stabbing. You have been drinking that day and decide to butcher a whole hog for the cochon de lait comme ca. You stumble out into the street covered in hog blood carrying your knife right as a patrol car drives by. They approach you and you say "I REFUSE TO IDENTIFY MYSELF AS I HAVE COMMITTED NO CRIMES, ME!!"
That’s absolutely reasonable articulable suspicion.
Posted on 2/27/23 at 5:45 pm to 0x15E
quote:
Do I have to stop and be “questioned” by the officers conducting?
No but it would probably be a better option than how it it will turn out if you don’t.
You know the old saying. Comply don’t die or something like
Posted on 2/27/23 at 5:46 pm to WhereIsMyBestLife
I believe police can also require you to provide proof of insurance and registration, as well as be able to handle the license. The people I've seen roll through these and win on technicalities usually have documents in a plastic bag sticking out the window.
Basically, the police have the court's backing to make you produce this info if you're driving, but they have no right to detain you unless there is reasonable suspicion of a crime. If you never roll the window down and aren't speeding or committing a traffic infraction, they can't reasonably suspect a crime.
There will likely be some overzealous police that throw that out the window and will arrest you anyway.
Basically, the police have the court's backing to make you produce this info if you're driving, but they have no right to detain you unless there is reasonable suspicion of a crime. If you never roll the window down and aren't speeding or committing a traffic infraction, they can't reasonably suspect a crime.
There will likely be some overzealous police that throw that out the window and will arrest you anyway.
Posted on 2/27/23 at 5:57 pm to Dawgfanman
quote:
That’s absolutely reasonable articulable suspicion.
Yeah, that's my point. The other poster said that there was no duty to identify yourself if you haven't committed a crime.
If he meant that you have no duty to identify yourself if the officer has no reasonable articulable suspicion of a crime, that still doesn't apply at a DWI checkpoint because you have implicitly consented to the encounter by driving on the roads. It's bullshite, but that's the law.
Posted on 2/27/23 at 5:57 pm to Tigerlaff
My state says different, you only need to give personal information if you are being detained (arrested). You can be put in handcuffs until you are cleared (grounds of evasion or their safety), but they can do that anyway. If they search you or your property prior to that, they are against state and likely municipal code. Happened to me personally, and those actions played out as the law intended for both parties.
Posted on 2/27/23 at 6:08 pm to 0x15E
Don’t be a worthless shitbag and drink/do drugs and drive.
Posted on 2/27/23 at 6:08 pm to NEALCD
quote:
Someone I personally know was killed by a drunk driver this past Friday night. Driving the wrong way on a 4 lane that was separated by a median. He lived and she died.
1967 a drunk driver hit my Dad head on. Permanently crippled my Dad and killed one of my brothers who was 2 years old at the time. All that being said, I am 100% against drunk driving checkpoints. They 100% do not save lives and are a huge waste of money IMO. The federal government provides grants and other ways of funding to different departments to conduct these checkpoints. The departments use it as a way to give officers OT. I have been through these checkpoints you will 30 or more officers out there stopping ppl. It 100% is unconstitutional I don't care what different judges say. Go read the constitution there are no exceptions in it for police to just cast a wide blanket hoping to catch someone doing something. If they were really serious about stopping drunk driving it would be better to take that money and put them officers working that checkpoint on the street patrolling. Spend that money to find out who is shooting ppl on the interstate.
Posted on 2/27/23 at 7:15 pm to 0x15E
The laws surrounding them are basically whatever logic jumps they have to make so it sounds like they don't violate the constitution which many aspects of them absolutely do
Posted on 2/27/23 at 7:21 pm to NEALCD
There are either some serious trolls or some dumb mother frickers in this thread
Posted on 2/27/23 at 7:29 pm to CincinnatiTiger
quote:
think it’s technically voluntary? You can remain silent or ask why detained and eventually you’ll be let go…probably harassed somewhat prior. Record it and they get scared. Or… Don’t answer a single question and provide a valid ID and insurance and you’ll also be on your way.
There could come a point not answering gets you in jail. You could be difficult and they could say, well let’s go blow in the breathalyzer. You refuse and that’s automatic jail and loss of license in some areas.
Sure it could be thrown out but you just spent the weekend in jail and will have various court dates and costs to look forward to.
Posted on 2/27/23 at 7:43 pm to jrobic4
(no message)
This post was edited on 2/27/23 at 7:44 pm
Posted on 2/27/23 at 7:57 pm to jcaz
quote:
Did you know a LEO can arrest anyone for “suspicion of impairment”. Doesn’t matter if you are sober. If he feels like you are being a turd for enjoying your rights he can arrest you. Charges will be dropped once it’s obvious you weren’t impaired but arrest is still on your record.
AND you have likely spent the night in jail, paid bond (that you won't get back), paid to get your car out of impound (won't get that back either), possibly missed work, will definitely miss work for court, and likely need
To hire a lawyer
This idea that charges being dropped equals all square is asinine
Posted on 2/27/23 at 8:55 pm to 0x15E
Around 25 years ago we were driving home to Marion, Al from Birmingham one night and hit a road check. I gave the cop my license and he looked at it for what I thought was too long.
Then he called to one of the other cops, “Hea Bubba come here. When the other cop got there he handed him my license. I was getting concerned then. The second cop said, “I see you live in Marion?” I said, “Yes I do.” He said, “We have the same last name.”
My last name is unusual and I asked where he was from and he told me Grove Hill, which is where my Dad was born. Turns out his father and my dad were cousins. We laughed, talked a minute or two and I drove away, a happier guy than I was when the first cop called him over.
Then he called to one of the other cops, “Hea Bubba come here. When the other cop got there he handed him my license. I was getting concerned then. The second cop said, “I see you live in Marion?” I said, “Yes I do.” He said, “We have the same last name.”
My last name is unusual and I asked where he was from and he told me Grove Hill, which is where my Dad was born. Turns out his father and my dad were cousins. We laughed, talked a minute or two and I drove away, a happier guy than I was when the first cop called him over.
Posted on 2/27/23 at 8:57 pm to 0x15E
The closest real town to me has to publish in the newspaper prior to any DUI checkpoint and they can only set up on town streets, not highways.
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