NL5
Diamond Member
- Apr 28, 2003
- 3,287
- 12
- 81
I think I am done with this thread. Everyone supporting them have given not one LEGITIMATE reason for harassing innocent people. Now, the guy quoted above has totally ignored what I posted.
Reading 101 and Constitutional Law - A couple classes ya'll oughta think about.
PS - The Constitution is timeless. Ignoring it's tenets are how Countries become corrupt. It's happened many times before, and will happen again.
I really can't believe that people believe the Constitution is out dated. You all need to go start your own damn country somewhere else.....The Constitution IS OUR COUNTRY!
Capt Caveman
Lifer
- Jan 30, 2005
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Why are they apples and oranges? Why should I be searched to enter an airport to pick someone up? I'm innocent. It's a public place.
I don't need to amend the Constitution since DUI checkpoints are legally allowed where I drive and I have no problem with them. You're the one that needs to do something to ensure the Constitution is upheld.
Capt Caveman
Lifer
- Jan 30, 2005
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- 651
- 126
If the Constitution wasn't outdated, why have there been amendments made to it? Why should I be harassed at a public airport to pick someone up? I'm innocent. How can they search me?
NL5
Diamond Member
- Apr 28, 2003
- 3,287
- 12
- 81
Amendments are part of the Constitution.
You Shouldn't.
I doubt that.
They can't. Ive never been searched picking anyone up.
The fact that they screen passangers has more to do with the contract you agree to when buying a ticket. It's still a somewhat an iffy situation...........
This is for the people who swear that DUI checkpoints do nothing...
Where I grew up..
-Checkpoints are advertised in the local paper 2 weeks in advance.
-Every bar knows about the checkpoint, and either a) posts this is the bathrooms, b) bartender tells everyone, or c) both.
-Checkpoint still gets plenty of people.
Sadly, there are enough people who think they are invincible that it forces police to take these measures. I am glad they are successful where I grew up.
Where I grew up..
-Checkpoints are advertised in the local paper 2 weeks in advance.
-Every bar knows about the checkpoint, and either a) posts this is the bathrooms, b) bartender tells everyone, or c) both.
-Checkpoint still gets plenty of people.
Sadly, there are enough people who think they are invincible that it forces police to take these measures. I am glad they are successful where I grew up.
I didn't say I'd resist arrest, I said I'd be uncooperative with the checkpoint. I think, after careful consideration, that I'd play it this way:
Officer: good evening
Me: hello, can I help you
Officer: this is a dui checkpoint, have you been drinking tonight?
Me: I have not been drinking, however at this point if you wish to continue I demand a blood alcohol screen and will refuse to answer any questions without first consulting my lawyer as I don't believe these check points should be allowed. I will not refuse to follow your instructions, nor will I resist you...I simply will not participate in warrantless blanket accusations and searches or intrusions into my civil liberties. Now then, am I under arrest or am I free to go, because those are the only two options I will accept and cooperate with.
Then I'd happily present myself to be arrested. Having tested my blood and found my BAC to be 0.0 they couldn't move forward with DUI charges. Having not resisted they couldn't charge me with resisting or anything similar. The point is to make the situation as bad as possible for them, and as costly as possible to the county. If enough people did that they would very quickly be forced to abandon the procedure.
Amused
Elite Member
- Apr 14, 2001
- 55,855
- 13,974
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"The right of the people to be secure in their person, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized."
Implied consent my ass. Stopping and searching people without probable cause is blatently unconstitutional no matter how you spin it. The act of driving does not instantly void your constitutional rights. Simply driving on the road is NOT probable cause to search my person or car anymore than simply walking down the sidewalk is probable cause to search me or my personal effects.
Whether you search me, or my car; it's illegal without probable cause or a warrant.
How about drug checkpoints where searches of the car are OK?
How about intellectual property checkpoints where searches of your MP3 player are OK?
Yes, yes yes, it's about safety, right? Won't SOMEONE PLEASE think of the CHILDREN???
Sorry, I refuse to give up my rights so you may feel a little safer. Wanna stop DUI? Find a way to do it without robbing everyone of their constitutional rights.
The funniest thing??? I bet most of the people in this thread supporting DUI checkpoints oppose the Patriot Act. Talk about hypocrisy.
Implied consent my ass. Stopping and searching people without probable cause is blatently unconstitutional no matter how you spin it. The act of driving does not instantly void your constitutional rights. Simply driving on the road is NOT probable cause to search my person or car anymore than simply walking down the sidewalk is probable cause to search me or my personal effects.
Whether you search me, or my car; it's illegal without probable cause or a warrant.
How about drug checkpoints where searches of the car are OK?
How about intellectual property checkpoints where searches of your MP3 player are OK?
Yes, yes yes, it's about safety, right? Won't SOMEONE PLEASE think of the CHILDREN???
Sorry, I refuse to give up my rights so you may feel a little safer. Wanna stop DUI? Find a way to do it without robbing everyone of their constitutional rights.
The funniest thing??? I bet most of the people in this thread supporting DUI checkpoints oppose the Patriot Act. Talk about hypocrisy.
And how many have you had to go through since that one 2 years ago? I'm gonna go out on a limb and venture a guess. . .0. Quitcherbitchin'.
Capt Caveman
Lifer
- Jan 30, 2005
- 34,547
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- 126
There is no searching that goes on at a DUI checkpoint. What happens is 9 out of 10 times the officer can smell alcohol merely by asking the person to put down their window. If they search your car it's going to be AFTER they have already detected that the driver may be drinking which is plenty of probably cause IMO.
SarcasticDwarf
Diamond Member
- Jun 8, 2001
- 9,574
- 1
- 76
Incorrect. There is a lot of "plain site" searching going on at the checkpoints. If the officers see anything, they will use that as a reason to do a full search of a vehicle. Now before you say it, I know it is legal...but the point is that they are doing it in a way that has not been done before. More people would have a problem if an officer walked around a mall parking lot looking into every car to see if he could find a reason to search it....same thing.
Amused
Elite Member
- Apr 14, 2001
- 55,855
- 13,974
- 146
The smell of alcohol is NOT evidence of impairment in and of itself and therefore is NOT probable cause to search a person.
You have just violated the rights of every person who had a glass of wine or a beer at dinner. Congratulations.
To test someone for DUI an officer constitutionally needs evidence of impairment. NOT merely evidence of alcohol consumption.
alkemyst
No Lifer
- Feb 13, 2001
- 83,967
- 19
- 81
No one denies a checkpoint doesn't get alot of people...it's a great cash cow. The statistics on who has been drinking at those times of night are staggering....however; in counterpoint there statistically isn't that many more accidents.
It comes down to retaining innocent people. What's next checkpoints to check media players for illegal songs, verify sales tax was paid on all items bought online, etc?
There are no damages one can gain if they miss their movie, concert, flight due to a dui checkpoint.
I don't know what the law says where you live, but in Washington you can demand a blood alcohol test if you're arrested for DUI. If you refuse any form of field sobriety they can arrest you for DUI, but if you demand the blood test it trumps everything else. They must comply in a reasonable time (ie as soon as they clear the scene). You'll spend a bit of time at the hospital, especially if they're busy, but nothing serious. I'm not sure if they have to test you before booking you, but I've never seen anyone get processed before getting bled as it would be a COLOSSAL waste of time and money. Even if they booked you first that would only take about 30 minutes around here (an hour if they're super backed up). Bottom line is that every minute they wait after arresting you makes it that much more likely that you'll not only get off, but possibly gain a case against them.
What would really help is if people actually were a part of the process before claiming to know the law. I've worked in an ER, I've worked with police, I've worked with civil liberty and other legal groups.
Nebor
Lifer
- Jun 24, 2003
- 29,582
- 12
- 76
Had a coworker friend of mine who's of similarly liberal leanings come across one of these checkpoints in Denton. Knowing what happens if you refuse to comply by showing identification, instead he chose a more time consuming path. The officer asked him if he'd been drinking that night, and he responded "Yes, but only 4 or 5 beers." In truth, he hadn't had anything to drink.
3 hours later, after multiple breathalizers, several field sobriety tests, and a blood test, he was taken back to his car at the road block. He says it was worth it when he told the Sheriff's deputy driving him back, "You guys oughta rethink these roadblock things, they really don't work too well."
3 hours later, after multiple breathalizers, several field sobriety tests, and a blood test, he was taken back to his car at the road block. He says it was worth it when he told the Sheriff's deputy driving him back, "You guys oughta rethink these roadblock things, they really don't work too well."
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