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

  1. #1
    Join Date
    Feb 2013
    Cobbs Creek, VA

    21Yr Old Treated Like Criminal at DUI Checkpoint on 4th of July

    Posted on July 5, 2013 by BMartin1776

    I think this title “Welcome to the US Police State” will be an ongoing theme or series on STR. Is it because of the internet and availability of recording devices or is there a true problem of police abuse of power growing in the US? I’m losing count at the number of these types of videos showing police engage in unlawful searches or working the system.

    People will argue and say “if you have done nothing wrong and have nothing to hide, just do what they say/ask”. I ask why? If you aren’t doing anything wrong and you are not required by law to submit to their questions like lowering your window further than it already is and giving out your age why should you “just do it”? Aren’t you giving them more power when you submit to their unlawful demands where you have done nothing wrong? Doesn’t that set a precedent and empower them to do more?

    I’m all for respecting the police and not giving them a hard time but more and more stories and videos are popping up about people completely innocent being treated like hardened criminals by cops on major power trips!

    For instance in one story a girl was arrested for buying bottled water because ABC agents suspected she was buying alcohol underage. In another story a family in Nevada said police violated the Third Amendment occupying their home!

    This is a tough one for many because we want the law respected, followed and know the stress cops are under. We don’t want to give them a hard time but we also don’t want to be given a hard time. Clearly police have become more aggressive and it leaves you to wonder when things get real bad will they honor the oath they took or be a bunch of robots following orders?

    What say you?

    Video of Incident

    The only easy day was yesterday
    Dedicated to my brother in law who died
    doing what he loved being a Navy SEAL

  3. #2
    Curious what part of the World this happened in. Sounds "Down Home"....what sheriff's department.

  4. #3
    Join Date
    Feb 2011
    Northeast Alabama
    The story has two sides. First the kid was wrong that he had the right to travel anywhere without being stopped and questioned. Travel in a motor vehicle on public roads is not a right. It's a privilege. A privilege whose conditions and restrictions are enforced by the police. DUI checkpoints are legal and constitutional. They've been challenged and upheld in courts more than once, and they've even gone all the way to the Supreme Court.

    The other side of the story is that the cop didn't need to blow his stack over this. He didn't look like any rookie, and I'm sure he knew the roots of why the kid was saying what he did. That's probably why he simply asked him to pull over, so it could be discussed without blocking up the street. But the kid was stubborn and the cop lost his cool. I worked a DUI checkpoint on the night of the 3rd and we had an almost identical incident. In fact, when I saw topic of this thread I wondered if it was of the checkpoint I worked at. They got the kid out of the car at our checkpoint, took him aside and explained to him that he could be required to produce his license any time he was driving on a public roadway and stopped by the police. The guy was irate about it and resisted enough initially that they had to put him in handcuffs, but he calmed down later. I didn't see the initial encounter on the street, but the police were very calm and cordial with him in the parking lot. Another guy was so miffed after being stopped that he pulled over into the parking lot where we were staged and sat there staring at us for about 20 minutes. We watched him carefully to make sure he wasn't about to go postal on us.

    Cops get impatient in instances like this because the way they see it is they don't have time to waste with some snot nose kid trying to lecture them on the law. But they need to understand that the concerns these people voice, while sometimes maybe not totally correct, are based on real and valid legal issues, and that they're being voiced not by criminals, but by law abiding citizens. Those so called snot nose kids, or whatever the cops think of them as, are their constituency, and someday will comprise a significant portion of the influential community that controls the activities of the local police. The police need to have a little more patience and realize that, although some minor technicalities may sometimes not be correct, these people are just as interested in upholding the law as the cops are. They aren't supposed to be adversaries, and alienating them without supportable, valid reason isn't a good idea.
    Posterity: you will never know how much it has cost my generation to preserve your freedom. I hope you will make good use of it.--- John Quincy Adams
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  5. #4
    Join Date
    Feb 2012
    Pittsburgh, PA
    I'm not sure why the cop didn't just say "yes, you are being detained". When at a DUI checkpoint, anyone they pull over is being detained. And when the young man asks for what reason, the cop could have easily said, because this is a DUI checkpoint and anyone driving along this section of road is being detained. End of story right there. And since, he is being detained, the requirement of showing ID ensues.

    My biggest problem is how police use K9 units to get to do an illegal search. This part pisses me off the most.

    However, with the video, this young man might actually be able to prove that their indeed was not a "hit" by the dog.
    "Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well armed lamb contesting the vote."
    ~ Benjamin Franklin (maybe)

  6. #5
    Join Date
    May 2010
    Las Vegas, Nevada
    That kid was just a jerk. Period.
    G'Day and G'lock

  7. #6
    Join Date
    Nov 2010
    SE FL and SE OH
    Quote Originally Posted by Lowjiber View Post
    That kid was just a jerk. Period.
    Yeah, and the cop wasn't much better. And when two of the same type butt heads, this is the result. Both were in the wrong, just at different points in time.
    NRA Certified Pistol Instructor
    NRA Certified RSO
    Normal is an illusion. What is normal to the spider is chaos to the fly.

  8. #7
    Nicely put Rhino. Kid watched too many YouTube videos of 2A encounters with cops. Ya know the ones who walk around antagonizing the police. Im all for standing up for your rights but this kids a snot nosed punk. Cop could have made a real win if he didn't blow his top. Save that **** for a harden criminal that needs to know you're in control.

  9. #8
    Join Date
    Apr 2011
    Pasco, Washington, United States
    I'm glad dui checkpoints are illegal in Washington.
    “One of the illusions of life is that the present hour is not the critical, decisive one.” – Ralph Waldo Emerson

  10. #9
    Join Date
    Mar 2011
    State of Confusion
    Wise-ass kid. The same punk who needs special attention all the time, at work, at school, etc. If this was my kid would have cracked him in the mouth for his behavior.

  11. #10
    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.
    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.”
    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.
    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.
    6. Cop-baiting is BS.

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