I don't drink and drive because ; I carry 99% of the time, I lost my only child in an alcohol related wreck, and because I'm a police volunteer that works these traffic safety checks on occasion. It doesn't bother me to get stopped in one.
If they do find anything wrong (DUI, drug paraphernalia, bootlegging, failure to carry current insurance card, etc.) they can also add evasion since evasion was the primary purpose of the stop after the driver made a u-turn or took a side street.
To fix this, some states have requirements that checkpoints be posted X feet before and that a reasonable route of egress be available within that window.
Circular argument that leads back to the tired old gambit of "if you have nothing to hide...".
I did my heavy drinking earlier in my life 25 years ago while working the bars and clubs in CA as a musician. I admit to driving home when I shouldnt have more than a few times. I didnt get caught and I never had an accident and I never hurt any one. But I could have. When I had my first kid though, that life was over, wifes orders. On wife No#3 now and those orders have not changed.
I totally get where some people are concerned that law makers and law enforcers are stretching their limits and using thin liberties given to them by the higher courts. I also get the objective is to push back against a new modern version of crime that is increasing and becoming more sophisticated every day. Crime that has never been seen in history has law enforcement in an ever increasing need to beef up gear (small town departments are even recieving used military vehicles to use in crime fighting), train train and design new tactics to be able to be ahead not just compete with what all they have to deal with today.
Traffic is a major tool for law enforcement, I get it. Basically when the roaches are out of the nest and in plain view they think its ok to shake them down while theyre out and see what theyve done or what theyre up to, and IF they fit their LOOSE version of an M.O then further investigation is required. In turn they may also have to shave off more and more pieces of everybody elses rights in the process to catch the bad guys. At what cost to our selves do we allow the govt to police our society in order to protect us from us? We already incarcerate more humans than anyone else.
Today, twenty five years after my first kid was born, I now own an interest within a group of friends' bar management company but I still wont drink when Im there. I dont drink wine or even have one beer any more when Im outside my own house any where any more. I just dont have a very good record with setting limits, so its best that I wait until Im home and have a soda or three. That one drink every hour thing confuses me anyways. I dont know what it takes to go past .08% for a 5'10"x 260lb dude. 265 on weekends. I just dont feel I should take my chances..
I have been asked more than a few times if they could look thru my car. Usually when Im in one of my cars that are still tagged in CA but Im in like Iowa, Missouri, etc. I let them. So far I have never had them damage anything, I have access to legal representation and financial resources if something does go wrong though.
I never have anything to hide and I know they have a job to do so I kind of understand. But how far do we have to understand when we are observing laws and living clean and working hard and some other turds who have decided its easier to be criminals and are fcking things up for us guys who go to work every day.
When Im safe at home, and I know Im in for the night, then all I can say is bring it on, Im getting fcked up...
I totally get where some people are concerned that law makers and law enforcers are stretching their limits and using thin liberties given to them by the higher courts. I also get the objective is to push back against a new modern version of crime that is increasing and becoming more sophisticated every day. Crime that has never been seen in history has law enforcement in an ever increasing need to beef up gear (small town departments are even recieving used military vehicles to use in crime fighting), train train and design new tactics to be able to be ahead not just compete with what all they have to deal with today.
Traffic is a major tool for law enforcement, I get it. Basically when the roaches are out of the nest and in plain view they think its ok to shake them down while theyre out and see what theyve done or what theyre up to, and IF they fit their LOOSE version of an M.O then further investigation is required. In turn they may also have to shave off more and more pieces of everybody elses rights in the process to catch the bad guys. At what cost to our selves do we allow the govt to police our society in order to protect us from us? We already incarcerate more humans than anyone else.
Today, twenty five years after my first kid was born, I now own an interest within a group of friends' bar management company but I still wont drink when Im there. I dont drink wine or even have one beer any more when Im outside my own house any where any more. I just dont have a very good record with setting limits, so its best that I wait until Im home and have a soda or three. That one drink every hour thing confuses me anyways. I dont know what it takes to go past .08% for a 5'10"x 260lb dude. 265 on weekends. I just dont feel I should take my chances..
I have been asked more than a few times if they could look thru my car. Usually when Im in one of my cars that are still tagged in CA but Im in like Iowa, Missouri, etc. I let them. So far I have never had them damage anything, I have access to legal representation and financial resources if something does go wrong though.
I never have anything to hide and I know they have a job to do so I kind of understand. But how far do we have to understand when we are observing laws and living clean and working hard and some other turds who have decided its easier to be criminals and are fcking things up for us guys who go to work every day.
When Im safe at home, and I know Im in for the night, then all I can say is bring it on, Im getting fcked up...
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Digressing a little bit, but earlier you asked for a citation. Here's a link to the 1990 Supreme Court case that set the stage
https://supreme.justia.com/cases/federal/us/496/444/
Ok, I'm not trying to be dense here. But given the legal definition of entrapment (http://legal-dictionary.thefreedictionary.com/_/dict.aspx?rd=1&word=entrapment), would someone please explain to me how a checkpoint induces someone to commit an offense they would not otherwise have committed, and what that offense is?
I gave an example above. Don't have time to wait in line at the checkpoint and decide to turn down a side street or pull into a parking lot to turn around? You will be pursued for "evasion" and your belongings will be scattered on the side of the road for you to put back in.
I feel pretty much the same way about suspicionless stops as those yankees back in 1775 did, and agree wholeheartedly with how they dealt with the issue.
Anybody who takes part in one of these suspicionless checkpoints is spitting on the graves of all the men who fought, bled, and died so we could live in a country where we don't have to put up with that sort of thing, and should be ashamed of himself.
When you start to see the legal system countenance blatant abuses like this, you can be sure the problem will not be resolved through that system. This sort of thing is exactly what the Second Amendment was written for.
Anybody who takes part in one of these suspicionless checkpoints is spitting on the graves of all the men who fought, bled, and died so we could live in a country where we don't have to put up with that sort of thing, and should be ashamed of himself.
When you start to see the legal system countenance blatant abuses like this, you can be sure the problem will not be resolved through that system. This sort of thing is exactly what the Second Amendment was written for.
The majority of check points turn up very few drunk drivers. Most of the offenses are suspended licenses, outstanding warrants, etc.
This reminds me of a communist check point. Texas courts have ruled them illegal.
Interesting. List of DUI checkpoint laws by state: http://www.ghsa.org/html/stateinfo/laws/checkpoint_laws.html
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