State v. Jarrod E. GerschofferThese so called "sobriety", "seat belt", etc "checkpoints" are nothing more than a pretext to go on visual search without probable cause fishing expeditions.
I remember a few years ago in the Lafayette Journal & Courier, an Indiana State Police officer admitted they catch at least as many drunk drivers by being mobile and looking out for impaired drivers.
Interesting, before every checkpoint, we had a meeting with the prosecutor that was going to be at the checkpoint that night. The prosecutor had to read the Gerschoffer ruling each time. They always made it 100% that avoiding the checkpoint was NOT reason to stop. They will have had to committed an actual traffic infraction to justify the stop. Not sure if Gerschoffer over ruled Snyder or if that was just Marion County Prosecutor's rule. I happen to agree with that, there needs to be a reason. If they are drunk, that I am sure they will forget to use a turn signal or something like that.I found this interesting from the IIHS website Sobriety Checkpoints page.
So what is the LEGAL way to make a u-turn on a 2 lane road when you see the checkpoint down the road?
-Jedi
You forgot revenue generation.
Will you stand with me? Will you stand with me against oppression?
Solutions? Do people have to submit? What about the guys who refuse to exit the vehicle, continue to ask "am I being detained?", etc.?
ok .........the fact any time you are stop by the police you are bring detained you may ask all you want .........if a officer tells you to exit the vehicle you must comply with the order given by the officer..... you must comply with a officer orders thats given to you .........again by law you can refuse to speak to the officer there nothing thats says you got to talk to him it's your 5 th amendment right... you can refuse some test the officer wants to preform you not knowing your rights is not his problem ..... there a difference in asking or stating what the officer would like to do then a direct order........ and yes in questioning and officer or detective can lie or deceive you and its all legal ..........
Less deterrent and less hassle for the masses would be better IMO.State v. Jarrod E. Gerschoffer
http://law.justia.com/cases/indiana/supreme-court/2002/03050201-rts.html
^^^Gives a little more insight to what make a checkpoint legal vs. illegal. I worked DUI enforcement for a few years and I am quite good at them. It is no surprise that roaming cars will net more DUI's than a checkpoint. INSC acknowledges that fact as well in their Gerschoffer decision. It's objective is deterrent, it's mostly PR.
I will probably get flamed, but checkpoints are true Nazism! "But driving is a privilege," I am told. These are the roads on which I pay property taxes to keep in somewhat passable condition where I live. I think I should allowed to use them without harrassment under the 4th Amendment.
You can. Just not driving a vehicle.
lol you can make fun of it all you want ......i had to relearn how to write from a IEd hit in 2007 ....no offense taken you not the first to complain or the last ....it is what it is...
you mean this one?http://www.youtube.com/watch?v=DDLlEh0x2XAA self-declared "Right-ist" and "Resistor" white dude, NOT ACLU-related, was on his way to work, in Texas I believe, and had to drive in from New Mexico. He was stopped by HLSA or ICE at a "Border Check-point" about 150 miles from the US/MX border. He stopped, showed license and ins., but would not pull over to have his vehicle inspected for some "You're the 13h car" crap, but asked, continually and politely: "... am I being detained? ... am I under arrest? ... am I free to go?" All the while recording the confrontation (as it became, by police actions.) THIS VIDEO-ENCOUNTER IS A TEXT-BOOK EXAMPLE OF WHAT TO DO AND HOW TO DO IT ! ! ! ! He was allowed (!) to go on his way. See if you can find it, PLEASE!! EBG
you mean this one?http://www.youtube.com/watch?v=DDLlEh0x2XA
the message was clear sorry if you don't see it
please give it a rest i don't know why you feel the need to come at me the way you have am asking you to please stop the personal attacks ....sorry if i made a comment you don't like give it a rest