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Discussion in 'The Okie Corral' started by Random, Dec 28, 2012.
What's the probable cause for a DUI checkpoint?
In Louisiana my car enjoys the same constitutional protection as my home
Research "search warrant exceptions", to start.
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Ahhh, cannot get your ship out?
SCOTUS upheld the use of dui checkpoints 6-3 back in the early 90's. They called it a slightly invasive stop similar to checkpoints conducted by Border Patrol while looking for illegals and drugs.
I'm not sure they are as effective as they once were now that there are "checkpoint apps" and other methods of hearing about and then avoiding checkpoints. We tend to due the saturation patrol method and pull drivers over for any violation of the vehicle code we find. Then if the officers has reason to suspect the driver is impaired after observations and fst's, he takes them to a centrally located dui van for a blood draw.
Luckily, that ****hole is already on my list of places never to visit.
I can barely let the nurses at a hospital stick me when I need it. Some DUI checkpoint? Good God, I don't even want to think about the scene it'd cause.
You have all of the grasp of law I'd expect from someone who says, "that is pimp."
It isn't refusing the breath tests that gives them probable cause, it is driving with evidence that you are intoxicated. By the time you refuse a breathalyzer, you have already been arrested, based on probable cause that you are DUI. The police don't get PC from the BA or base the arrest on it - it is evidence gathered aft6er the arrest.
Freedom for security you say, Russ?
Here's an idea then. Back ground checks for every gun sale period. Who knows maybe your wife and kids won't be mugged by that felon then, and a 4473 takes all about the amount of time it takes for a cop to setup a checkpoint.
Tell them you have joined the Alternate Government and as such you have diplomatic immunity.
Yeah, the police state.
The police may actually get more DUIs without checkpoints somewhere. That's certainly not true here when I was a cop. A checkpoint would fill every available car with drunks very quickly - we'd actuaslly gather as many cops as possible from various departments, fill all the cars with drunks, then take them all to jail together.
However, even if they catch more drunks on patrol, the checkpoint is a better deterrent. Eevery drunk believes he can drive well enough to fool the police, but there is no getting around the checkpoint, so the idea is that it causes them to make a diferent decision, if they know checkpoints are likely.
Oh I have no doubt the court has managed to find legal justification for stopping citizens without cause. Never doubted that for a moment. The court has found justification for lots of BS.
If they can drive well enough to fool police, aren't they driving "well enough"?
The only road blocks that you ever see in my county are done by the Ga Sate Patrol.It's a rural county where everyone knows the Sheriff and Deputies doing a road block doesn't fly.
We have one trooper in this county that is known to come to an accident and just take over from the local leo.
Hey why not just real the fourth and fifth amendment. I mean if you have nothing to hide what's the harm, right?
Also to those who are for checkpoints, it starts little like this, just how like you very same people like too preach when govt takes a look at gun control and then all of a sudden any little step for security by giving up freedoms you don't want to do. I love the gt double standards here. If it doesn't affect me, I'm all for repealing liberties, by golly though, if it does give me liberty or death!
Thats the prevailing attitude on Glocktalk. Most of these posters are VERY anti-liberty. They're just pro-2A.
Most state laws have restrictions on when police can stop drivers. In my state, the DUI checkpoints often violate these laws.
Some states do not allow them, period.
That's a very good way to put it.
That is as stupid as saying, if you shoot in the air and don't manage to maim or kill someone, are you shooting "well enough"?
Just don't "cooperate" at checkpoints. Simple as that. Don't answer questions, don't take tests. Put your window down a half inch, enough to slide license and reg out, and wait.
You have a 5th Amendment right to remain silent and not provide any evidence against yourself. Use it or lose it.
So, in your state, you are allowed to drive without an inspection sticker, a license plate, proof of insurance, or a license?