21Yr Old Treated Like Criminal at DUI Checkpoint on 4th of July - Page 2
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Thread: 21Yr Old Treated Like Criminal at DUI Checkpoint on 4th of July

  1. #11
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    Quote Originally Posted by JCliff View Post
    1. I’m not a fan of DUI checkpoint dragnets (I would prefer to see such tactics far more rigorously circumscribed), but their use has held up in court repeatedly, provided certain procedures are followed.
    .
    2. It is clear that this young man sought an “encounter” with the police. Camera set just right, up and running, before a word is spoken. If you seek an encounter with LE, you’ll probably get one. If the officer had waved him on and told him to have a nice night the kid wouldn’t have had his video. I bet he would have gone around the block and tried again.
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    3. If I were in the traffic cop’s place, not rolling the window down (when it’s not raining) more than a couple of inches would immediately make me suspect that the driver doesn’t want me to smell what he’s been drinking or smoking. I don’t know if that would constitute “reasonable suspicion” or not. Wouldn’t matter much, my “antennae would be up.”
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    4. If you’re deliberately antagonistic you can expect to meet with antagonism. Being polite goes a long way in every social encounter between human beings.
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    5. I’m not aware of anywhere in the country where if you’re driving a motor vehicle on a public thoroughfare that you don’t have to produce a driver’s license when asked by the police. If you can’t, or won’t produce a license, the officer has, in many jurisdictions anyway, a fair degree of latitude as to how he can deal with it. The kid was clearly wrong here. Faced with his attitude, I’m not sure I would have given him a second chance to produce one. I might have let him watch his vehicle get towed away while cuffed in the back of a cruiser. Then I would have let him go, telling him since he didn’t want to show his license to me he could show it to the judge.
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    6. Cop-baiting is BS.
    And that is where the cops blew it. They should have just towed the car when he refused to produce his license. No need to damage it or search it. Just impound it and give him a ride to jail. When he gets there run a BAT on him. He can be ticketed because he refused to produce his license. Fine for that and the towing charges would teach him a good lesson. Attitude of the cop should have been controlled better though. And yes, he should have told him he was being detained.
    NRA Certified Pistol Instructor
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    Normal is an illusion. What is normal to the spider is chaos to the fly.

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  3. #12
    Quote Originally Posted by Lowjiber View Post
    That kid was just a jerk. Period.
    So the cops are entitled to be anal pores, yet the public aren't entitled to return the favor? Smacks of double standards to me. Looks to me like the kid was being respectful, and the cop was being a prick because a civilian was back-talking him.

  4. #13
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    Quote Originally Posted by S&W645 View Post
    And that is where the cops blew it. They should have just towed the car when he refused to produce his license. No need to damage it or search it. Just impound it and give him a ride to jail. When he gets there run a BAT on him. He can be ticketed because he refused to produce his license. Fine for that and the towing charges would teach him a good lesson. Attitude of the cop should have been controlled better though. And yes, he should have told him he was being detained.
    I totally agree we should have our property seized when we haven't done anything illegal....now show me your papers!!! :-)
    “One of the illusions of life is that the present hour is not the critical, decisive one.” – Ralph Waldo Emerson

  5. #14
    Keep buying into the lies of the state by accepting that you need permissions of the elected. Almost all of you have been indoctronated to believe you need permission to do something that is a right. license = permission. Police have become nothing but enforncer's of constitutional tax's and the courts, just as the police have no duty to protect your rights.
    The Only Easy Day Was Yesterday

  6. #15
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    Quote Originally Posted by JCliff View Post
    6. Cop-baiting is BS.
    Dragnets that detain every single citizen that travels down a thoroughfare with zero probable cause and nets probably no more than 1% DUIs out of the people they detain is BS.

    I don't care what the Supreme Court says. They were wrong in Roe, wrong in ObamaCare and about a thousand other rulings I could think of if it wasn't so late. I know (and care) what the 4th Amendment says, and I am supposed to be free in my home, person and effects from unreasonable searches absent probable cause. At a DUI check, my person is in my effect (my vehicle), and all that jive about privilege vs. rights to be able to move freely throughout the country without having to be hassled by government goons is nothing less than a tactic to justify circumventing the 4th Amendment.

    So it's the way it is. Nothing anyone can really do about it. But at least people who claim to care about our rights should be telling the truth about it and not blaming the victims of authoritarianism that has set into this country like a cancer.

    Blues
    No one has ever heard me say that I "hate" cops, because I don't. This is why I will never trust one again though: You just never know...

  7. #16
    USC› Title 18 › Part I › Chapter 2 › § 31
    18 USC § 31 - Definitions




    USCPrelim is a preliminary release and may be subject to further revision before it is released again as a final version.

    Current through Pub. L. 113-14. (See Public Laws for the current Congress.)

    (a) Definitions.— In this chapter, the following definitions apply:
    (1) Aircraft.— The term “aircraft” means a civil, military, or public contrivance invented, used, or designed to navigate, fly, or travel in the air.

    (2) Aviation quality.— The term “aviation quality”, with respect to a part of an aircraft or space vehicle, means the quality of having been manufactured, constructed, produced, maintained, repaired, overhauled, rebuilt, reconditioned, or restored in conformity with applicable standards specified by law (including applicable regulations).

    (3) Destructive substance.— The term “destructive substance” means an explosive substance, flammable material, infernal machine, or other chemical, mechanical, or radioactive device or matter of a combustible, contaminative, corrosive, or explosive nature.

    (4) In flight.— The term “in flight” means—
    (A) any time from the moment at which all the external doors of an aircraft are closed following embarkation until the moment when any such door is opened for disembarkation; and

    (B) in the case of a forced landing, until competent authorities take over the responsibility for the aircraft and the persons and property on board.

    (5) In service.— The term “in service” means—
    (A) any time from the beginning of preflight preparation of an aircraft by ground personnel or by the crew for a specific flight until 24 hours after any landing; and

    (B) in any event includes the entire period during which the aircraft is in flight.

    (6) Motor vehicle.— The term “motor vehicle” means every description of carriage or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways in the transportation of passengers, passengers and property, or property or cargo.

    (7) Part.— The term “part” means a frame, assembly, component, appliance, engine, propeller, material, part, spare part, piece, section, or related integral or auxiliary equipment.

    (8) Space vehicle.— The term “space vehicle” means a man-made device, either manned or unmanned, designed for operation beyond the Earth’s atmosphere.

    (9) State.— The term “State” means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

    (10) Used for commercial purposes.— The term “used for commercial purposes” means the carriage of persons or property for any fare, fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit.

    (b) Terms Defined in Other Law.— In this chapter, the terms “aircraft engine”, “air navigation facility”, “appliance”, “civil aircraft”, “foreign air commerce”, “interstate air commerce”, “landing area”, “overseas air commerce”, “propeller”, “spare part”, and “special aircraft jurisdiction of the United States” have the meanings given those terms in sections 40102 (a) and 46501 of title 49.



    18 USC § 31 - Definitions | Title 18 - Crimes and Criminal Procedure | U.S. Code | LII / Legal Information Institute
    The Only Easy Day Was Yesterday

  8. #17
    I include myself in the indoctronated of which I am no longer. I bring to light the issues of our rights so that we defend each and every one of them as a united group without focusing on just one right. In this way those who oppose freedom and individuals rights must counter with several arguments on each right. United we win not just one right but all rights by making the opposing fight on many fronts that divide them. No blame belongs to those who have or were indoctronated.
    The Only Easy Day Was Yesterday

  9. #18
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    Wondering, if he was driving a Class A Motorhome that he was living in, would that change anything as far as searches?
    ~Responsible people who understand that their personal protection is up to them, provide themselves with protection. Those that don't have only themselves to blame.~Proud NRA ~SAF~GoA Member~

  10. #19
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    If every hack questions every rule, every law and every authority figure every time, we have anarchy all the time. America can't afford the price tag attached to settling everyone's pet peeves. There's more important violations to focus on than this idiot kid.
    .
    How about this kid... "I'm sorry I can't hire you because you have an arrest record. I'm not interested in your explanation of the incident. I'm sorry that you owe $30,000 in student loan debt, but that's not my problem. Good luck, you're not entitled to a job."
    GOD, GUNS and GUITARS

  11. #20
    Quote Originally Posted by BC1 View Post
    If every hack questions every rule, every law and every authority figure every time, we have anarchy all the time. America can't afford the price tag attached to settling everyone's pet peeves. There's more important violations to focus on than this idiot kid.
    .
    How about this kid... "I'm sorry I can't hire you because you have an arrest record. I'm not interested in your explanation of the incident. I'm sorry that you owe $30,000 in student loan debt, but that's not my problem. Good luck, you're not entitled to a job."
    The problem iswe keep the going along to get along going we stagnate and right now we have to many it's easier to just comply rather than take a stand.
    The Only Easy Day Was Yesterday

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