Posted on Feb 13, 2015
Interesting fact about evading DUI checkpoints. Is it wrong to know this? Not a pro-DUI thread.
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http://reason.com/blog/2015/02/12/libertarian-lawyer-offers-this-one-trick
This post is not meant to support Drunk Driving. The purpose is to have a discussion about check points. Liberty should be protected and drunk driving will eventually cause the taking of the ultimate liberty, a persons right to life.
This post is not meant to support Drunk Driving. The purpose is to have a discussion about check points. Liberty should be protected and drunk driving will eventually cause the taking of the ultimate liberty, a persons right to life.
Edited 11 y ago
Posted 11 y ago
Responses: 40
Let's look at the argument from two extremes.
The government is Detaining Citizens, without Probable Cause,
"The right of the people to be secure in their persons, 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."
They are doing this whether you have committed a crime (Driving under the influence), or not.
As a "societal good" or as a "matter of public safety" this can be justified. The infringement of Rights for most will be "negligible," while the benefit to "all" will be "substantial."
The Constitution is a Social Contract. Plain & Simple. It is a Rulebook for how our society is going to interact.
Operating "Industrial Machinery" (aka Cars) is something that requires Licensing, and is subject to verification, to a point. When on Public Roads, the cops can ask to see our License, Registration, and proof of insurance, if we are stopped during the course of their duties. They can interact with us normally, and that in turn can lead to suspicion or cause.
I don't personally like the concept of checkpoints. For two reasons. First, they violate the intent of the Constitution, and second, they just aren't that effective. Saturation Patrols, just seem to work better, when comparing man hours, and arrests.
The government is Detaining Citizens, without Probable Cause,
"The right of the people to be secure in their persons, 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."
They are doing this whether you have committed a crime (Driving under the influence), or not.
As a "societal good" or as a "matter of public safety" this can be justified. The infringement of Rights for most will be "negligible," while the benefit to "all" will be "substantial."
The Constitution is a Social Contract. Plain & Simple. It is a Rulebook for how our society is going to interact.
Operating "Industrial Machinery" (aka Cars) is something that requires Licensing, and is subject to verification, to a point. When on Public Roads, the cops can ask to see our License, Registration, and proof of insurance, if we are stopped during the course of their duties. They can interact with us normally, and that in turn can lead to suspicion or cause.
I don't personally like the concept of checkpoints. For two reasons. First, they violate the intent of the Constitution, and second, they just aren't that effective. Saturation Patrols, just seem to work better, when comparing man hours, and arrests.
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This article was posted on another site and in reading some of the comments I came across one that gave another view of this. It was from a LEO and he stated that if you held up that sign, and only cracked your window to provide your documents it would instantly make him suspicious and he would not let you just drive off without pursuing a search. His post didn't explain the legalities of that but the fact remains that you will just anger the LEO and possibly cause him to escalate the situation.
Personally I don't like the checkpoints. They do violate our rights. But if I come across one I'll comply because some idiots in our society have given them the power to do it. I would vote for a bill that took that power from the police.
Personally I don't like the checkpoints. They do violate our rights. But if I come across one I'll comply because some idiots in our society have given them the power to do it. I would vote for a bill that took that power from the police.
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Capt Richard I P.
PO3 (Join to see) It may be in the moment that the contact could end in a search, but an arrest much less a conviction (provided no crime) would be highly unlikely I think.
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PO3 (Join to see)
You may well be right, sir. Other than obstruction of justice I can't think what charge could be made.
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PO3 (Join to see)
Of course, there's been a lot of folks who "assaulted" an officer while they were getting a beat down for pissing the cop off. *shrug*
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COL Vincent Stoneking
A suspicion has to be "reasonable" and the courts have consistently held that exercising one's constitutional rights is not grounds for a "reasonable" person to be suspicious.
That said,
1. What the local cop, who will control the initial narrative and haul you to jail, does won't be reviewed by the courts for quite some time, if ever.
2. I dislike being a test case, so would not exercise this method.
3. While I am not sure, I think current military regs would require someone on active duty to comply with "reasonable" requests of law enforcement. A different reasonable standard here, and I think complying with checkpoints would qualify. (I am not a lawyer, and would be happy to be proven wrong about this.)
That said,
1. What the local cop, who will control the initial narrative and haul you to jail, does won't be reviewed by the courts for quite some time, if ever.
2. I dislike being a test case, so would not exercise this method.
3. While I am not sure, I think current military regs would require someone on active duty to comply with "reasonable" requests of law enforcement. A different reasonable standard here, and I think complying with checkpoints would qualify. (I am not a lawyer, and would be happy to be proven wrong about this.)
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One thing I have always found frustrating about DUI enforcement, it would be less of a problem if our towns had better public transportation. You don't get a DUI in a city, because you don't even drive.
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SGT (Join to see)
MAJ Steven you dont get a DUI in an town or city if you dont drive. just do the right thing if you have a car or not.
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SFC (Join to see)
I think many of us can use some Constitutional rights education in order not to let the police bully us or violate our rights.
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SPC Charles Griffith
Actually I think it is sad when people who DEFENDED them don't know or understand their Rights.
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After reading all the posts on this topic, all I have to say is that drunk driving is illegal and all the BS I see being spewed here does not change that fact.
While I do not personally agree with DUI checkpoints, they have been proven to identify and take drunk drivers off the road. Drunk drivers are a danger and I have no sympathy for them, regardless of the manner in which they were identified and apprehended.
I can't believe the number of people trying to justify drunk driving in this thread. If you drink and drive, you are wrong and you are a criminal, caught or not. DUI laws exist to protect the population from drunk drivers. All one needs to do is look at the stats to see that we have a real problem with DUI in this country.
While I do not personally agree with DUI checkpoints, they have been proven to identify and take drunk drivers off the road. Drunk drivers are a danger and I have no sympathy for them, regardless of the manner in which they were identified and apprehended.
I can't believe the number of people trying to justify drunk driving in this thread. If you drink and drive, you are wrong and you are a criminal, caught or not. DUI laws exist to protect the population from drunk drivers. All one needs to do is look at the stats to see that we have a real problem with DUI in this country.
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We have to checkpoints on our highways to keep them safe for all to use. I think DUI checkpoints are necessary tool to help in this effort, if we eliminate checkpoints then what do we replace it with or do we just do away with them all together. Until somebody comes up with a better idea, we must keep them. I am concerned about our civil rights but taking away checkpoints will only help the violator continue to be a hindrance in our society.
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Anything you can do to exercise your own rights against unreasonable search and seizure are fine with me.
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Over 20,000 people will be killed as a result of intoxicated drivers this year. I have a surefire tactic for getting through a checkpoint. I don't drink & drive. Period.
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LTC (Join to see)
Really the only sure way is sober. I know I posted this topic but an open honest conversation always encourages good mature rational thinking. The worst infringement on liberty is taking anothers life.
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SGT Jim Z.
LTC (Join to see) Thank you for posting this and for the most part this topic was professionally debated with some minor infractions but that can be expected from time to time. But overall I honestly think it was debated well.
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MSG Mitch Dowler
So to get through a NAZI checkpoint just comply fully with the NAZI requests? My goal is assert my civil rights and do away with NAZI checkpoints rather than have NAZI checkpoints do away with my liberty.
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Florida law changed since the lawyer made his signs. Following his advice can land you in more trouble. Be careful about getting legal advice from an attorney on the internet that you haven't retained. Better advice would be 1) Don't drink while under the influence 2) Register your vehicle 3) Get a drivers license and insurance 4) don't leave a 3 foot water bong on the front seat. If you have an outstanding warrant turn yourself in. (Those are the most common things police find at checkpoints.)
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Ok, everyone keeps raining that this is violating the fourth amendment, please point out what exactly this violates in the fourth amendment. Everyone keeps arguing that it is unreasonable, but how exactly are they being unreasonable if they're stopping everyone. It's not like they're singling you out. They don't just up and search for stuff, they legally ask for you license, registration, and insurance. The only time it goes further is if you give them reason to.
IV Amendment
The right of the people to be secure in their persons, 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.
IV Amendment
The right of the people to be secure in their persons, 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.
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MSG Mitch Dowler
Absolutely! Without probable cause there is no reason to be stopped. There is no suspicion of speeding or violating any rules of the road. We have the right to move freely and travel in this country without being stopped to show our papers. There must be some reason or cause to stop everyone passing buy on a highway owned by the public and ask for ID.
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Sgt Adam Jennings
Ok, but what every single one of you is forgetting is that driving is a privelege and not a right. Please share with me when the last time you were inconvenienced by a DUI check point. My last time was about 2 years ago. And before that it was agin two years that I went through one on base one the other side of NC. And before that I couldn't even tell you when the last time I went through a DUI checkpoint was, most likely into early twenties. You guys are acting like this is some fast soreading threat and that these things are happening daily, weekly, or monthly. If that were the case then yes, I'd have a problem with it. But that's just not the case anywhere I've lived, and I've even lived in southern Cal long enough for it to have never happened one time the 8 months I lived there.
If this is happening more than a couple times a year or less then it seems there may be one of two issues with where you live.
1) The cops are definitely overreaching their good standing with the citizens.
2) DUI is a prevalent problem in your area.
Either way you and your fellow citizens might want to take action on it.
But always remember that driving is a privelege not a right.
If this is happening more than a couple times a year or less then it seems there may be one of two issues with where you live.
1) The cops are definitely overreaching their good standing with the citizens.
2) DUI is a prevalent problem in your area.
Either way you and your fellow citizens might want to take action on it.
But always remember that driving is a privelege not a right.
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