Drug Checkpoint US 36

[Monky]

Wow for as many people as here claim to be up on laws.. you should probably check out the 'Express Consent Law CRS 42-4-1301'

Go ahead and refuse to stop or be tested at a checkpoint.

It's in the booklet for the drivers lic..

Available here.

So for everyone operating a vehicle in colorado you do have a right of refusal, but know you lose your right to drive immediately.



Those who have participated in DUI checkpoints should be well versed in this..

[SuperiorDG]

This is a ploy used by the cops. They post a sign saying DRUG CHECK POINT and wait to observe someone stashing their drugs, bam probable cause. I had an instructor in one of my CJ courses tell us about doing this very thing.

[OneGuy67]

Without getting into a very long and drawn out discussion/explanation of the DUI laws, DUI stops and how a checkpoint (ones I've been a part of) have operated, the Expressed Consent Law isn't as simple as stated, Monky.

By and large, the Expressed Consent is you giving consent to the Chemical test of breath or blood after probable cause was established of impaired driving by the very act of driving in this state. You can refuse to provide a sample and there are administrative (non-criminal) penalties for the refusal.

In other states, if you refuse to cooperate with chemical testing, they will fax a preformatted search warrant to a judge, who will sign and order the forced taking of blood. We do not do that here in Colorado. We simply revoke your license for a year through administrative action and you still get a ticket and have a criminal court date.

So, at a checkpoint, the officer is looking for the usual signs of intoxication, alcohol on breath, bloodshot and watery eyes, slurred speech, etc. to ask the person out of a vehicle and to consent to roadside maneuvers that may further show proof of intoxication. Upon probably cause, the person would be arrested and then asked to submit to a chemical test where the Expressed consent law would then apply.

[Drilldov2.0]

I recall DWI checkpoints in NY 20 years ago where the state police would direct drivers into a parking lot set up with a literal obstacle course constructed of orange cones, then "a representative from an insurance company" dressed up as an RN would ask every driver to submit to a breathalyzer test. If you refused she'd yell, "this guy doesn't want to take the test" and a half dozen state troopers would run up to your car and start shining lights on you and interrogating you. I hadn't been drinking so I finally agreed to take the breathalyzer and they backed off. It was nuts.

You should have run over all of the cones turned back and parked at the entryway blocking all incoming cars.

Did NY have an implied consent law back then?

[PSS]

This happened in Telluride. 10 years ago.

http://archive.cortezjournal.com/archives/1news1411.htm
http://archive.cortezjournal.com/archives/1news1955.htm

[PSS]

Then there are fake drug checkpoints where they have concealed spotters looking for people who throw it out the window. Then they get to stop them for littering or illegal u turn setting up a potential search opportunity depending on what they threw out the window.

http://stopthedrugwar.org/chronicle-...0/check1.shtml

[Ah Pook]

This happened in Telluride. 10 years ago.

http://archive.cortezjournal.com/archives/1news1411.htm
http://archive.cortezjournal.com/archives/1news1955.htm

Telluride’s own San Miguel County Sheriff, Bill Masters, has been outspoken against the tactic and has chosen not to participate, believing such intervention violate civil liberties.

I always liked Sheriff Masters.

Thirty-one people were charged as a result of the overall operation — eight for drug-related felonies, 13 for misdemeanors, and 10 for traffic violations.

For those results, that sounds like a huge waste of resources.

[ShooterJM]

DUI's have stopped being about public safety and are more about revenue at this point.

[glockedandloaded]

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?

where exactly is this? i know this has been going on but only in border states. this is effed up and needs to be reported to the media

[Rotterdarn]

Mostly I was just pissed about the fact that they're pulling this **** during rush hour and adding 15 mins to my commute when I've already been sitting in plenty of traffic.