Downright pleasant sobriety checkpoint

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  • mrjarrell

    Shooter
    Rating - 0%
    0   0   0
    Jun 18, 2009
    19,986
    63
    Hamilton County
    IC 34-28-5-3.5
    Refusal to identify self
    Sec. 3.5. A person who knowingly or intentionally refuses to provide either the person's:
    (1) name, address, and date of birth; or
    (2) driver's license, if in the person's possession;
    to a law enforcement officer who has stopped the person for an infraction or ordinance violation commits a Class C misdemeanor.
    As added by P.L.1-1998, SEC.24.
    Wouldn't seem to apply to a check point stop, since the people being stopped are NOT being stopped for an infraction or ordinance violation.
     

    RA8

    Sharpshooter
    Rating - 100%
    6   0   0
    Jun 8, 2009
    496
    16
    Carmel
    Please don't turn this into a constitutional argument. Please feel free to start another thread if you have a rant about the checkpoints. This is a carry issues post.
    ^^^this^^^
    Please don't turn this into a constitutional argument. Please feel free to start another thread if you have a rant about the checkpoints. This is a carry issues post.
    ^^^oh, and this!^^^
    Please don't turn this into a constitutional argument. Please feel free to start another thread if you have a rant about the checkpoints. This is a carry issues post.
    ^^^but also, lets not forget this^^^
     

    bglaze

    Marksman
    Rating - 100%
    3   0   0
    Aug 5, 2009
    276
    18
    Muncie, IN
    Whoawhoawhoa there cowboy. The OP expressed that he didn't wish to make it question of constitutionality. I respected that and left out my feelings on that all together.

    You have no idea about what kind of citizen I am. I bet I know what type you are, however...

    If you follow even a few of my posts, any intelligent person should be able to infer the type of feelings I have towards our rights and freedoms.

    Just like I am an advocate of Open Carry (I like being honest and forthright about the fact that I am armed), I also do not try to hide the "type" of citizen I am.

    I didn't know we were suppose to keeping it secret...?

    Anyhow, my desire to refuse to show my I.D. at a checkpoint such as this has nothing to do with me having any negative feelings about cops. I have no angst or bitterness toward the police in even the smallest of minutia. I just want to retain every last freedom that I have. They were earned with blood, and I am not going to happily give them away with a smile like the OP seems to have been proud of doing.

    I understand the OP's wishes. But if no one brought up anything about the constitutionality of these stops, this would be one helluva boring thread to read. =)
     

    bglaze

    Marksman
    Rating - 100%
    3   0   0
    Aug 5, 2009
    276
    18
    Muncie, IN
    And, as a reminder, THIS!

    Sorry gomez.ra8, but just like I am not a fan of these checkpoints, I am also not a fan of censorship.

    I understand your wishes, but unfortunately your interaction with that cop was so repulsive to me, something from within me had to express itself.

    If your wishes were obeyed by all posters, there would be no way to respond to your post other than by showering you and that cop with praise for how civil and respectful you were to each other.

    :nopity:
     

    OAK

    Master
    Rating - 100%
    1   0   0
    Apr 16, 2010
    3,622
    36
    TH
    Mind elaborating?

    IC 35-44-3-3
    Resisting law enforcement; mandatory sentence
    **** Sec. 3. (a) A person who knowingly or intentionally:
    ********(1) forcibly resists, obstructs, or interferes with a law enforcement officer or a person assisting the officer while the officer is lawfully engaged in the execution of the officer's duties;

    Very broad... This is used a lot!
     

    bglaze

    Marksman
    Rating - 100%
    3   0   0
    Aug 5, 2009
    276
    18
    Muncie, IN
    IC 35-44-3-3
    Resisting law enforcement; mandatory sentence
    **** Sec. 3. (a) A person who knowingly or intentionally:
    ********(1) forcibly resists, obstructs, or interferes with a law enforcement officer or a person assisting the officer while the officer is lawfully engaged in the execution of the officer's duties;

    Very broad... This is used a lot!

    Thank you for this.

    If I am to ask the officer, "Sir, am I being stopped for an infraction or ordinance violation?" And he says no.

    I should be free to go, correct?
     

    LEaSH

    Grandmaster
    Rating - 100%
    43   0   0
    Aug 10, 2009
    5,840
    119
    Indianapolis
    If your wishes were obeyed by all posters, there would be no way to respond to your post other than by showering you and that cop with praise for how civil and respectful you were to each other.
    What is wrong with two strangers showing respect for each other?

    For all we know the cop hated doing the roadside check, too. It's not like cops get to choose where they go and what duty they have to pull.
     

    RA8

    Sharpshooter
    Rating - 100%
    6   0   0
    Jun 8, 2009
    496
    16
    Carmel
    If you follow even a few of my posts, any intelligent person should be able to infer the type of feelings I have towards our rights and freedoms.

    Just like I am an advocate of Open Carry (I like being honest and forthright about the fact that I am armed), I also do not try to hide the "type" of citizen I am.

    I didn't know we were suppose to keeping it secret...?

    Anyhow, my desire to refuse to show my I.D. at a checkpoint such as this has nothing to do with me having any negative feelings about cops. I have no angst or bitterness toward the police in even the smallest of minutia. I just want to retain every last freedom that I have. They were earned with blood, and I am not going to happily give them away with a smile like the OP seems to have been proud of doing.

    I understand the OP's wishes. But if no one brought up anything about the constitutionality of these stops, this would be one helluva boring thread to read. =)

    Well since you refuse to talk about what the post was intended for, I refuse to talk about what you want to discuss. So Did your parents abuse you when you were young, because you sound like you have authority issues. Which one of your testicles hangs lower, because I heard 85% of men have a lower hanging left nut? Do all superheroes use spandex, or are there any exhibitionists that just have their uniforms painted on?
     

    bglaze

    Marksman
    Rating - 100%
    3   0   0
    Aug 5, 2009
    276
    18
    Muncie, IN
    What is wrong with two strangers showing respect for each other?

    For all we know the cop hated doing the roadside check, too. It's not like cops get to choose where they go and what duty they have to pull.

    No doubt! I agree, and I feel very sorry for the police who are asked and required to enforce laws that they do not agree with. I am sure there are LOTS of cops who don't agree with these checkpoints, etc... I have a friend/co-worker who is indeed one of them.

    And there is nothing wrong with two people showing common decency toward one another.

    However, common decency is just that: common. It is the minimum expectation of how to treat people as we go about our daily lives.

    Thus there is no reason to praise another adult for doing it. It's not going "above and beyond..."

    If it has become such a rarity for cops to show citizens common decency that we need to post about it and everyone is shocked and begins praising the cop and the citizen for their civility, then we truly have reached a new low in this country.
     

    OAK

    Master
    Rating - 100%
    1   0   0
    Apr 16, 2010
    3,622
    36
    TH
    Thank you for this.

    If I am to ask the officer, "Sir, am I being stopped for an infraction or ordinance violation?" And he says no.

    I should be free to go, correct?

    Yes.... But if the next question is license and reg, your demanded by law to show proper ID. Refusal will do you no good unless you need a place to sleep.

    But to be honest if you quoted that to a leo they would prolly be amazed enough to send you on your way.
     

    Donnelly

    Master
    Rating - 100%
    2   0   0
    May 22, 2008
    1,633
    38
    Cass County
    IC 35-44-3-3
    Resisting law enforcement; mandatory sentence
    **** Sec. 3. (a) A person who knowingly or intentionally:
    ********(1) forcibly resists, obstructs, or interferes with a law enforcement officer or a person assisting the officer while the officer is lawfully engaged in the execution of the officer's duties;

    Very broad... This is used a lot!

    Refusing to provide identification is not forcibly resisting. However the quote earlier referred to obstruction of justice, not resisting law enforcement.
     

    bglaze

    Marksman
    Rating - 100%
    3   0   0
    Aug 5, 2009
    276
    18
    Muncie, IN
    Well since you refuse to talk about what the post was intended for, I refuse to talk about what you want to discuss. So Did your parents abuse you when you were young, because you sound like you have authority issues. Which one of your testicles hangs lower, because I heard 85% of men have a lower hanging left nut? Do all superheroes use spandex, or are there any exhibitionists that just have their uniforms painted on?

    Repped for a witty retort... =)
     

    OAK

    Master
    Rating - 100%
    1   0   0
    Apr 16, 2010
    3,622
    36
    TH
    Refusing to provide identification is not forcibly resisting. However the quote earlier referred to obstruction of justice, not resisting law enforcement.

    (There is a comma after) "forcibly resists" (,) "obstructs" (,) OR


    (Here is where that comes into play) *interferes with a law enforcement officer or a person assisting the officer while the officer is lawfully engaged in the execution of the officer's duties*

    Hope that makes it clear, the way the law is written can make it confusing.

    But this covers "obstruction of justice"
     
    Last edited:

    XDinmyXJ

    Sharpshooter
    Emeritus
    Rating - 100%
    1   0   0
    Oct 30, 2009
    711
    16
    Columbus, IN
    I almost ran through a checkpoint once, stone sober. The cop put my name in the system backwards and I gave him the wrong insurance card(still had the expired one in the glove box too). I had to fax them a copy of my insurance card and they couldn't find a record of me being summoned to the Carroll County courthouse in Carrollton, KY until the day i was supposed to appear. I had already sent my info so I didn't have to go of course! Glad to here the cop you came across wasn't a bonehead like the guy in KY.
     

    IndyMonkey

    Shooter
    Rating - 0%
    0   0   0
    Jan 15, 2010
    6,835
    36
    Well since you refuse to talk about what the post was intended for, I refuse to talk about what you want to discuss. So Did your parents abuse you when you were young, because you sound like you have authority issues. Which one of your testicles hangs lower, because I heard 85% of men have a lower hanging left nut? Do all superheroes use spandex, or are there any exhibitionists that just have their uniforms painted on?



    You seem to be paying attention to too many sets of testicles.
     
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