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Was driving home last night and I came across a "Drug Checkpoint" on US 36 going west. Anyone else go through this checkpoint? Even if you get stopped at a "Checkpoint" and refuse to answer any questions given by an officer can law enforcement use that as probable cause to search your vehicle? If you were carrying a loaded handgun in your car do you have to state that to an officer?
Volunteer nothing.
They don't have the right to stop you in the first place.
Are you sure about that? Is there something you can quote regarding that?
Not being a jerk, just wondering if you can actually "not" stop at a checkpoint. Just that people do it cause they think they "must"...
Quote:
Originally Posted by roberth
You're not being a jerk. The police don't have probable cause to stop you, that is why.Quote:
Originally Posted by AR_ART
A DUI checkpoint assumes everyone using that particular bit of road at that particular time is drunk. The government doesn't have probable cause to think everyone is drunk.
The checkpoint violates the 4th amendment because the government illegally seizes your vehicle for a short period of time.
http://www2.potsdam.edu/hansondj/Dri...103163004.html
Your link doesn't assist in your argument. According to it, the Supreme Court reversed the Michigan court and allowed DUI checkpoints.
I've never seen a Drug Checkpoint operate in my nearly 20 years of law enforcement. I would be interested in knowing which agency conducted it.
Here is another one, shorter.Quote:
Originally Posted by OneGuy67
http://www.thenewspaper.com/news/09/921.asp
Did you read why Rehnquist said that checkpoints were permissable?Quote:
The case was sent back to the Michigan Supreme Court to change its decision accordingly. But the Michigan Supreme Court sidestepped Rehnquist by holding that DUI checkpoints, though now permissible under the U.S. Constitution, were not permissible under the Michigan State Constitution, and ruled again in favor of the defendant -- in effect saying to Rehnquist, "If you won't protect our citizens, we will." A small number of states have since followed Michigan's example.
Only a little one huh. What will be the governments next excuse to impeded the freedom of movement of the public and confiscate their vehicle for a short while?Quote:
However, he continued, it's only a little one, and something has to be done about the "carnage" on the highways caused by drunk drivers.
Big government is the enemy of liberty, justice and freedom. The end.
i have seen postings for them on 70 in kansas but not actual check point .Quote:
Originally Posted by OneGuy67
Ive seen the Border Patrol with checkpoints in border states, spot checking people, but never a full fledged drug checkpoint.
As for stopping or not stopping, law enforcement still have the right to conduct a safety inspection, road side, of your vehicle, correct? They did this routinely in Oklahoma on the backroads, to find drugs, or help bust chop shops.
That is why I'm interested in knowing the agency. I've been a part of DUI checkpoints and they are legal here in Colorado, but I would be interested in seeing how they ran the Drug checkpoint and see if there are any differences in how they are run. Are they looking for signs of drug intoxication, like in a DUI checkpoint, or is there other indicators? In Colorado, a K9 cannot be used like in other states without some reasonable suspicion (state court case), so stopping a vehicle and running a dog isn't going to work.
It's probably DUI check point.. it's odd timing though.