Sobriety Checkpoints
Learn this page. Remember it and use it!!
http://www.roadblock.org/whattodo.htm
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Encountering A Roadblock
(What to expect and how to handle the situation)
Roadblocks are usually established in locations that prevent easy avoidance,
offer ample parking for interrogating suspected law violators and issuing
tickets, and usually in places and during times that will not cause serious
traffic tie ups, although there have certainly been exceptions. The stated
purposes of roadblocks are usually legalized excuses to stop and scrutinize
motorists for which there would otherwise be no reason to do so. These
excuses include "sobriety checks," license and registration verification,
possession of insurance, proof of citizenship, and seatbelt usage. The
desired effect is to establish a sense of fear and intimidation among the
population. The pity is that it works, as far as the "desired effect" is
concerned.
Even if the courts disallow roadblocks for certain purposes, e.g. the recent
cases prohibiting roadblocks from being used to identify drug users or
couriers, the enforcement agencies just claim another purpose for the
roadblocks and it's business as usual. The courts have gone out of their way
to allow the police great latitude in what they can do, once they have you
stopped and under their control.
<big snip>
If you have the time, the courage, and the confidence to verbally express your
displeasure with being stopped at a roadblock, please do so. It would be a
nice change of pace!
Last edited by pepperoniPITA; Jul 23, 2009 at 01:23 PM.
And yet it's a big deal to get stopped for a few seconds by the cops.
If the officer can't develop reasonable suspicion in those few seconds while just talking to you, you're on your way. Obviously, many drivers who are legally over the limit get through such a quick screen. Hence imo, the real value of the checkpoint is it's deterrent effect. I like them and wish there were more. Cry me a river
Drug testing after an accident - OK - but never random.
Airport searches - I can refuse to fly. I suppose you could also claim that I could refuse to drive but I would argue that, based on the practicality of daily life in well over 95% of the United States.
Just an FYI - the officer handcuffed me behind my back and almost immediately told me I was being so cooperative that he was going to move them to the front so I wouldn't be uncomfortable in the car on the way to jail.
His report claims I was argumentative.
I'm still awaiting the video from the cruiser I was standing in front of.
Me: Good evening officer, (handing him my DL) I know you're just doing your job, but I think all I'm required to do is show you my DL, PoI, and registration.
Officer: (pointing ) What's in the cooler?
Me: Again, I know you're just doing your job...
Officer: (interrupting and handing back DL) Have a good evening, sir.
In most cases of arrest, those involving public drunk, petty theft, domestic violence, even DUI (except for the BAC rights and waiver), no "statements" by the accused would be used by the police for the prosecution.
In higher crime cases such as murder, auto theft, burglary, etc., then you would be interrogated in order to obtain evidence to use against you. Therefore, you would be "mirandized" in these situations.
Maybe this will help. It can explain it better than I can.
http://www.usconstitution.net/miranda.html
Learn this page. Remember it and use it!!
http://www.roadblock.org/whattodo.htm
----------
Encountering A Roadblock
(What to expect and how to handle the situation)
Roadblocks are usually established in locations that prevent easy avoidance,
offer ample parking for interrogating suspected law violators and issuing
tickets, and usually in places and during times that will not cause serious
traffic tie ups, although there have certainly been exceptions. The stated
purposes of roadblocks are usually legalized excuses to stop and scrutinize
motorists for which there would otherwise be no reason to do so. These
excuses include "sobriety checks," license and registration verification,
possession of insurance, proof of citizenship, and seatbelt usage. The
desired effect is to establish a sense of fear and intimidation among the
population. The pity is that it works, as far as the "desired effect" is
concerned.
Even if the courts disallow roadblocks for certain purposes, e.g. the recent
cases prohibiting roadblocks from being used to identify drug users or
couriers, the enforcement agencies just claim another purpose for the
roadblocks and it's business as usual. The courts have gone out of their way
to allow the police great latitude in what they can do, once they have you
stopped and under their control.
<big snip>
If you have the time, the courage, and the confidence to verbally express your
displeasure with being stopped at a roadblock, please do so. It would be a
nice change of pace!
If you're going to post something and make a statement that something is definately so and so, then you probably shouldn't use a private internet blog as proof and to back you up. What you posted has no more legal power than your own opinion. And I would highly recommend that people ignore your advise when standing before a judge.
The Best of Harley-Davidson for Lifelong Riders
And yet it's a big deal to get stopped for a few seconds by the cops.
If the officer can't develop reasonable suspicion in those few seconds while just talking to you, you're on your way. Obviously, many drivers who are legally over the limit get through such a quick screen. Hence imo, the real value of the checkpoint is it's deterrent effect. I like them and wish there were more. Cry me a river





