Uncle Sal......is that you?

SupportLE, I will preface this comment with: I, personally, have never had a bad encounter with a police officer. I treat officers with respect even if they give me no reason to do so. Google Baptist Pastor Steven Anderson who was tazed multiple times for attempting to exercise his Fourth Amendment Right at an Immigration Check point. (I know, not the same as a DUI checkpoint but a checkpoint is a checkpoint). You can find his entire trial on YouTube. The first link below is an introduction to his story (it should lead you to related linkes). The second link is how I believe police officers should properly conduct sobriety checkpoints and how civilians should conduct themselves. (Of course we don’t know if his video camera influenced the supervisor’s decision or not). I sincerely hope this is how YOU would conduct yourself. The third link was posted by a jerk that had his rights violated at a DUI checkpoint. While I have no sympathy for jerks, I don’t believe anyone should have their rights violated. He was threatened with arrest if he did not produce his license. The jerk finally caved and gave the officer his papers. I’d be interested to hear your feedback regarding these videos.

http://www.youtube.com/watch?v=YUzd7G875Hc

http://www.youtube.com/watch?v=aZCYIV_vbKM

http://www.youtube.com/watch?v=29PgH2y5-iA

Navrat - Michigan Supreme Court had found sobriety roadblocks to be a violation of the Fourth Amendment. However, by a 6-3 decision in Michigan Dept. of State Police v. Sitz (1990), the United States Supreme Court found properly conducted sobriety checkpoints to be constitutional. National Highway Traffic Safety Administration subsequently issued a report that reviewed recommended checkpoint procedures in keeping with federal and state legal decisions. ("The Use of Sobriety Checkpoints for Impaired Driving Enforcement", DOT HS-807-656).

Wow, we really got off topic on that one.

Jim, specific vehicles are not targeted at checkpoints. An officer cannot ask you to step out of your car or ask to you to take any tests unless there are noticeable signs of impairment—erratic driving, the smell of alcohol on the breath, slurred speech, glassy eyes, etc. If you do not show any of these signs, you must be allowed to drive on. And if it is a big enough deal to you, it is your legal right to learn where checkpoints are located beforehand. If you are acting like a normal human being, you will be treated with just as much respect as you give. These acts of violence that you are stating would not occur under routine circumstances. Don’t know what kind of experiences you’ve had going through checkpoints, but you saying that the officers will break your window, taze you, etc., is ridiculous. Conducting these checkpoints and pulling inebriated drivers off of your public roadways is protecting your right to LIFE. If you’re not drinking and driving and subsequently breaking the law, of course will be free to enjoy your evening!

SupportLE, I hope you don’t think I’m coming down too hard on you. I thought we were just having a friendly discussion. I sincerely hope you do not become discouraged from posting.

SupportLE, Navrat was (or is) military. All military personnel, politicians, judges, policemen and, I believe, firemen take an oath to uphold and defend the constitution of the United States. How is a checkpoint a threat of violence? Is not arresting people against their will and impounding their vehicle an act of violence? Here’s an example. What would YOU do if I were to pull into one of your checkpoints? First of all, for MY SAFETY, I would refuse to roll my window down more than an inch or two. Next I would ask you what your probable cause is for stopping me. (You have none). I would obviously exercise my Fifth Amendment right and refuse to answer any of your questions. If I were asked for my license (which, btw, I don’t have because I don’t drive, I travel) I would refuse this warrantless search of my papers and refer you to the Fourth Amendment. When you ask me to move to secondary, I would politely refuse and inform you that I do not consent to any searches. Eventually I would ask if I were being detained or if I were free to go. So you tell me, under those circumstances will you honor your oath to uphold and defend the constitution of the United States and tell me to have a pleasant evening OR would you be more inclined to break my window (an act of violence), taze me (an act of violence), handcuff me (an act of violence), haul me off to jail (an act of violence) and impound my vehicle? And for what petty reason would you be so willing to violate your oath and the constitutional rights of a peaceful man whose only crime was exercising his constitutional rights? Why for the all-important reason of generating income for the state. It is a rare thing for a member of the military to violate their oath; unfortunately this is not the case for law enforcement. Their employers (government) EXPECT them to violate our rights on a daily basis. I repeat, Honor your Oath at all times.