DUI Checkpoint advice.........Possibility for general police stops in Indiana?

[rhino]

I'm concerned that most impaired driving checkpoints are a ruse for checking for driving while rhino.

They're always tryin' to catch this pachyderm ridin' dirty.

 

[Coach]

This pains me, but the copper is right.

Cops are people too. I would rather they be right that wrong, but I don't make a living pointing out where they were wrong. I still prefer they are right. No problem with people having to obey the law and live within the rules.

 

[VUPDblue]

I dislike checkpoints because of my previously stated position of inefficiency. I agree the PR of a checkpoint is effective, as it has proven to be over the years, but I’ll also argue that publishing DUI arrest data on front pages would be just as effective, if not more so.

 

[GodFearinGunTotin]

I dislike checkpoints because of my previously stated position of inefficiency. I agree the PR of a checkpoint is effective, as it has proven to be over the years, but I’ll also argue that publishing DUI arrest data on front pages would be just as effective, if not more so.

I bet you're right. The Bedford paper still publishes the various police logs on a daily basis. Just judging how some people react when you comment on them being in there for getting a speeding ticket, I'd imagine a full write up on the front page, with photos, etc. for a DUI would probably be a pretty good deterrent...for some people.

 

[Drail]

Just another dog and pony show........

 

[LockStocksAndBarrel]

I understand the rationale, I just believe the courts are wrong on this one. It's a 4th Amendment violation, IMO.

 

[actaeon277]

I understand the rationale, I just believe the courts are wrong on this one. It's a 4th Amendment violation, IMO.

A lot of us agree with you.

 

[actaeon277]

I think the courts argued that the government meets the required level of scrutiny by showing a great need, and tailoring it to allow people ways out.

 

[Denny347]

This law firm does a GREAT job explaining the legality of checkpoints in Indiana
https://tatebowenlaw.com/indiana-sobriety-checkpoints-constitutional-or-not-protect-your-rights/

 

[Pancake]

An officer doesn't need probable cause for a traffic stop, just reasonable suspicion. This is a much lower standard. Probable cause is what is needed to make an arrest.

 

[IndyDave1776]

The crux of this issue seems to be your disagreement with the courts on what is "reasonable" and why. The court has repeatedly said that the brief (<2min) stop of random cars at a checkpoint to look solely for impaired drivers is reasonable. The language in several court decision even hints that such checkpoints are necessary. Driving not being a protected right, coupled with the immense danger posed to the public posed by drunk drivers, there is minimal intrusion on a person's liberties. Of course this only holds true when a checkpoint is held as a pure impaired driving checkpoint, not masquerading as a way to check for suspended drivers, expired plates, equipment violations, etc.....

If we focus on the issue of driving not being a protected right, then how would an analogous situation work with people walking down a sidewalk being detained even briefly?

 

[Pancake]

If we focus on the issue of driving not being a protected right, then how would an analogous situation work with people walking down a sidewalk being detained even briefly?

Well there is a huge difference between stopping someone on the street and a checkpoint. If an officer stops someone on the street for impairment, i.e. public intoxication, the level of reasonable suspicion should be met very quickly. The level of intrusion of a check point, often times around 30 seconds, is so slight that the U.S. Supreme Court has stated that this seizure is acceptable and reasonable to assist in apprehending impaired driver's which pose a great threat in the community. This satisfies the reasonableness standard set forth in Graham v. Connor.