Video: DUI Checkpoint Refusal, Know Your Rights, Protect the Fourth |
|
| By: jbade Thursday February 16, 2012 10:49 am | |
This video depicts the proper way to defend the Fourth Amendment at a DUI checkpoint.
For those who would find it objectionable that this driver exercised his constitutional rights in this case, your part of the problem not the cure. thus is one of the many steps the Gov took to get us to warrant-less wire taps, sneak and peaks in your home and ect ect. I have no problem with anyone giving up their rights, I am just offended when they elect officials who try to strip mine.
About MyFDL
MyFDL is the community site of progressive political blog Firedoglake. Anyone can participate by writing a diary, commenting on others’ diaries, or joining groups to find other people in your area. Content posted to MyFDL is the opinion of the author alone, and should not be attributed to Firedoglake.
News. Community. Activism.
Firedoglake is a member-supported organization.
Help us continue our work for as little as $45/year.
Tweet
5 Comments
Asking that question (“Did you have anything to drink tonight?”) seems awfully close to asking for a confession. I guess that technically it isn’t because having a drink won’t necessarily put someone over the legal blood alcohol limit. Nevertheless, they’re basically asking you to provide a reason for suspicion and probable cause for further questioning and testing. Whatever happened to Miranda warnings??
BTW, IIRC, a recent SCOTUS decision ruled that any comment to police constituted a waiver of Fifth Amendment rights.
My spouse and I tend to make the law enforcement officials throw a hissy fit. I don’t and won’t provide my id without cause(you have to believe a person committed a crime, is committing a crime or will committ a crime to warrant detainment.) and my husband won’t let them search the car on a routine traffic stop without a warrant. We got tired of dealing with law enforcements’ fishing expeditions.
It makes them apoplectic and red but it isn’t my job or his to make their job easier.
I’m told that in some states, if you answer “yes” or refuse to answer, they MUST invite you to take an alcohol test. If you decline their invitation, the Department of Motor Vehicles gets to and does revoke your license to drive. The theory being that driving on the road is implicit consent to an alcohol test, etc.
To the “journalist” who posted this article – YOU’RE part of the problem. You make people who support this action seem like uneducated idiots to anyone who reads this because you fail at simple grammar.