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Me Refusing Police at DUI Checkpoint

Its one of those situations where if you give them an inch they'll take a mile.. Our rights and freedoms are being encroached upon on a daily basis, more aggressively

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Old 08-24-2013, 12:29 PM   #16 (permalink)
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Its one of those situations where if you give them an inch they'll take a mile.. Our rights and freedoms are being encroached upon on a daily basis, more aggressively with every passing day, tactics like these are used to show that we know our rights and can't be intimidated or broken down to just "get in line" I hope nobody feels my viewpoints are breaching the code of conduct here, as I am not discussing politics merely rights.

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Old 08-24-2013, 12:34 PM   #17 (permalink)
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Originally Posted by Xplicit97 View Post
Its one of those situations where if you give them an inch they'll take a mile.. Our rights and freedoms are being encroached upon on a daily basis, more aggressively with every passing day, tactics like these are used to show that we know our rights and can't be intimidated or broken down to just "get in line" I hope nobody feels my viewpoints are breaching the code of conduct here, as I am not discussing politics merely rights.

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I am 100% ok with what you're saying, but I feel like I see both sides, in THIS instance, if you don't give them that inch, they may TAKE a mile, (again by taking a once or twice over of your car) if that's a risk you're willing to take, go for it, me, I'm not, I'm not going to risk getting a BS ticket because I don't want to answer a few questions
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Old 08-24-2013, 12:37 PM   #18 (permalink)
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I have yet to experience or hear police officers that were that polite at a check point, if they walked up and were rude as most are, I would have given them a hard time, these officers were polite and handled the situation well. Most are arrogant and verbally abusive, at that point, give them hell, I feel that some people are trying to make a point where it is not needed, thank you social media.
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Old 08-24-2013, 12:48 PM   #19 (permalink)
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It definitely isn't about being a **** to law enforcement, but more about being a free citizen.
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Old 08-24-2013, 01:19 PM   #20 (permalink)
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I have actually protested random searches citing my 4th amendment rights... but... what's sad is that the Supreme Court generally upholds warrantless searchers given (a) probable cause, which can literally be something the cop kind of makes up, and (b) cars are considered public space, thus no warrants even really needed to at least do a brief search.

It's the old "if ya got nothing to hide, why protest the search" argument... which ignores the deeper question of whether or not such attitudes should be acceptable in an allegedly free society.

Could be worse. There could be a massive warrantless monitoring and scooping up of telecommunication info...

Oh.. wait...

Anyway, there's never any point in being anything other than polite and (reasonably) cooperative. Wrong time and place to be a wiseguy... rarely helps.
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Old 08-24-2013, 01:30 PM   #21 (permalink)
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I'm all for people exercising their rights. Both you and the cops were being polite, so no harm no foul. I keep a little cheat sheet in my car of a statement to make to officers about how I am not answering any questions. I wouldn't have thought to keep my window mostly rolled up to keep them from leaning in my space, good to know.
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Old 08-24-2013, 01:57 PM   #22 (permalink)
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Last time I checked you have to be asked for permission to search your personal vehicle.. only exception being if you are on a military base where as being active duty you really have no rights on base, or you signed a paper when you got your visitor pass authorizing searches of your person or property at any time for any reason.. same for civil service who work on base. You sign that to get your base stickers aka DD Form 2220.

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Old 08-24-2013, 02:06 PM   #23 (permalink)
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Old 08-24-2013, 04:30 PM   #24 (permalink)
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I think people are missing the point here.. it isn't about being a **** or anything.. it is about exercising your 4th amendment rights.. Police contrary to popular belief do NOT have the right to stop you and or search your person or property without probable cause. A random checkpoint does not constitute probable cause, No laws were broken therefore they you have no responsibility to give LEO any information if you so choose. Its called the constitution read up on it, and exercise your rights.. Because you know what they say "if you don't use them, you'll lose them."

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So if the police do not have the right to stop in this case then they are braking the law? Strange because police usually don't do that so publicly without a watchdog taking note and suing them. FACT: What there are doing IS legal, whether you like it or not. They at no point searched him or his property. They didn't even try to.

I think you are missing my point...cops have a valuable job to do and for the most part do it well. Ask yourself how your mood and attitude would change if every day smartasses walked in to your job and were ********. You'd get pretty burned out pretty fast, don't fool yourself. So maybe instead of 'exercising your rights' for no other reason than to pump up your balls you smile and politely say, 'No nothing to drink'. THEN when they try to pull a fast one and ask to search your car...THEN you say, 'No, you may not and I assume I am free to go.'

IMHO.
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Old 08-24-2013, 04:35 PM   #25 (permalink)
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I have yet to experience or hear police officers that were that polite at a check point, if they walked up and were rude as most are, I would have given them a hard time, these officers were polite and handled the situation well. Most are arrogant and verbally abusive, at that point, give them hell, I feel that some people are trying to make a point where it is not needed, thank you social media.
I agree. I have experienced both the very good and very bad. I behave as if they are the very good until they show me they are not.

And no ****, rule #1 in my house that I have taught my kids since they were little: Never let a cop in to your house unless he has a warrant. I don't care what he says happened to me...he can tell you on the lawn.
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Old 08-24-2013, 04:43 PM   #26 (permalink)
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Now, I always obey because I don't want to be harassed for my tint, or my whatever as stated above... And that gives the officer "probable cause" or now they have a reason to pull you over and give you a ticket
When I was last stopped at a random checkpoint I rolled my windows down completely due to my tint being 5%. The last thing I wanted was a fixit ticket or something similar. When the officer came back with my License I had rolled my window up halfway. His reply as he walked up to the car was, "Sir, please roll down that window because I cannot see you and I don't want to have to write you a ticket."

Now my windows always stay down.

Props to you for flexin your rights though OP
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Old 08-24-2013, 04:57 PM   #27 (permalink)
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Quote:
Originally Posted by Arrvaxx View Post
So if the police do not have the right to stop in this case then they are braking the law? Strange because police usually don't do that so publicly without a watchdog taking note and suing them. FACT: What there are doing IS legal, whether you like it or not. They at no point searched him or his property. They didn't even try to.

I think you are missing my point...cops have a valuable job to do and for the most part do it well. Ask yourself how your mood and attitude would change if every day smartasses walked in to your job and were ********. You'd get pretty burned out pretty fast, don't fool yourself. So maybe instead of 'exercising your rights' for no other reason than to pump up your balls you smile and politely say, 'No nothing to drink'. THEN when they try to pull a fast one and ask to search your car...THEN you say, 'No, you may not and I assume I am free to go.'

IMHO.
I try to get other people to do things they don't have to do at work all the time. Most of the time they do it, sometimes they don't. If cops are going to ask people to do things that the people don't have to do, they have to expect some push back. If dealing with a public who generally wants to be left alone by police is something that's going to burn them out, I would say they picked the wrong job.

IMHO.
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Old 08-24-2013, 05:05 PM   #28 (permalink)
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The police is this case acted professionally, but its not always the case and even though you may be well with in your rights to refuse them.

It all depends on where and how the police will treat and act in a particular situation.

Far to often you hear and read about a simple traffic stop or check point stop, turning into something really bad, for all parties involved.

The best thing to do is know your rights and not do or say anything to incriminate yourself, any simply comply with the police requests.

Its far better to just say yes Sir, no Sir and be on your way, then spend the night in jail or dealing with a DUI tests and your car towed at your expense.
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Old 08-24-2013, 05:06 PM   #29 (permalink)
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Not sure why the haters, god forbid someone exercise his constitutional rights.
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Old 08-24-2013, 05:17 PM   #30 (permalink)
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Well done! Protect your rights!
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