Downright pleasant sobriety checkpoint

[E5RANGER375]

The courts have ruled (including the USSC and Indiana Supreme Court) that police cannot stop a driver merely for checking a D/L or insurance.

I'm not saying that isn't your departments policy, but the law and courts say otherwise. You know it, it's why your dancing around it with a flat out yes or no answer.

Driving through a OWI checkpoint and not showing ID (provided you and your vehicle are legal) is not a crime. Any officer who arrests you for it just gave you the civil suit jackpot.

That said, if you have a tail light out, the officer lies and says you smelled like booze, they smelled pot, you didn't look old enough to have a license ect. ect. they then have actual cause to start an actual investigation.

If you aren't going to show ID, have your ducks in a row and preferably record it.

qik.com is a phone app that records audio and video, streaming live, from your phone to the net. Ppl can watch it live or afterwards on demand. I strongly recommend it for people with newer phones and once it's uploaded, it's gone. They can't delete it, lose or destroy the phone.

As OAK suggests, if you respond properly (and I might add respectfully) to the officer they are likely to waive you thru. They don't want a complaint or lawsuit. If you start ranting and raving about "rights" you are setting yourself up for failure and major trouble.

We need a whole thread started about qik.com so more people will see it and start using it!!!

 

[RA8]

Makes me want to go through the checkpoint again tonight and say no, and see if he's as friendly.

 

[Joe Williams]

So what happens if you see one of those checkpoints, choose not to be detained without suspicion of a crime, and instead turn around or go down another street?

 

[E5RANGER375]

So what happens if you see one of those checkpoints, choose not to be detained without suspicion of a crime, and instead turn around or go down another street?

RUT ROW!!!! They would call in a high speed chase of a felon alluding capture and run you down to the stop sign ( a 50 yard chase, in their cars). be the best point of their evening and the worst part of yours after your face is stuffed in some cops sweaty crotch and the other 20 are hog tying you,

 

[bglaze]

Makes me want to go through the checkpoint again tonight and say no, and see if he's as friendly.

Now that I know checkpoints are advertised, I do indeed plan on attending one to stage my "no" protest and see how it goes.

Hopefully I'll be able to get video/audio of it.

And for the record, I really don't care how cordially I am treated. I just want to see if I will be treated lawfully.

 

[bglaze]

We need a whole thread started about qik.com so more people will see it and start using it!!!

My account is now active. I'd rep you for this, but I'm out for a while it seems.

I really appreciate the heads up. This could be tremendously helpful.

 

[E5RANGER375]

My account is now active. I'd rep you for this, but I'm out for a while it seems.

I really appreciate the heads up. This could be tremendously helpful.

thanks but i cant take credit. i didnt even know about it until i read it in the post from the guy i quoted, PROMETHEUS. give him the rep. i tried but im out too.

 

[public servant]

Lots of groups are fair game as well. I like to bash those who fly the southern flag. It's just tooooo easy.

 

[patton487]

The encounter the OP had at the check point reminds me of the relashonship with my pet. He licks my boots and I pat him on the head and tell him he's a good dog.

 

[BloodEclipse]

So what happens if you see one of those checkpoints, choose not to be detained without suspicion of a crime, and instead turn around or go down another street?

They are required by law to have escape routes. That means from where the checkpoint is you have to have a legal means to avoid it if you wish. They have chaser cars to come after you if you violate a traffic law while choosing the escape route. Entering a checkpoint is supposed to be voluntary, which makes me wonder why anyone would ever enter one?

 

[antsi]

not only are they designed to get impaired drivers off the road,but unlicensed/suspended drivers,people wanted on warrants etc...there's numerous things they are useful for.

Usefulness isn't really the issue here.

We could start a new policy of random searches of people's homes. Your name comes up, you get a visit at 3 am and the police search all through your house, look at your financial records, scan through your computer, take blood samples and hair samples, etc.

I'm sure such a policy would result in catching all kinds of criminals who would not otherwise be caught. By that standard, it would be a very "useful" policy.

I'd still oppose it, though, because I do not want to live in a society where the authorities can randomly search your home. If I have to tolerate a bit higher crime rate to live in a free society, so be it.

 

[IndyMonkey]

About 8 years ago I was traveling south down I65 from Zionsville. There were the big bill boards saying that there was a drug checkpoint a head. About that time I noticed Conservation officers on 4 wheelers sitting in the weeds on the side of the highway with Binos. At the 79th (???) street exit there was a bunch of police officers sitting under the overpass waiting for cars to try to get off the highway. I assume the CO's were watching for people throwing drugs out the windows. Long story short, there was no check point. I thought it was a pretty slick plan of the officers part. See who trys to evade or thrown drugs out the window scoop down and drop the ban hammer.

 

[trnsplntfrmohio]

On another note, I got a letter once from ohio DMV requiring me to show proof of insurance on a car I didn't drive during the winter or I'd lose my license. Well I called them up and told them, the car doesn't get driven in the winter mmk? The guy on the phone said that wasn't good enough and I needed to show proof that the car was seasonal. Well I had just bought the car in September of the previous year (i got he summons in february) and my insurance company didn't have a "Record" of it being seasonal. I called back and explained again, still said not good enough, I asked to speak to person in charge and guess what I got the Ohio DMV czar, who had no idea what they were talking about and the same story that I need proof the vehicle is seasonal. I Hung and had my insurance company fax me every document they ever sent me and that I ever sent them, stuffed it in a box with a letter on top stating that this is bull and I require compensation for my time dealing with all this. I got another call from the DMV czar telling me I was an immature punk who would have hell every time I got pulled over from then on out.

Then I filed a complaint with the Ohio Attorney General. It was still in the works when I moved out here but I did get pulled over twice after this incident and didn't have any problems, actually no ticket either time.

 

[Denny347]

So what happens if you see one of those checkpoints, choose not to be detained without suspicion of a crime, and instead turn around or go down another street?

An alternate route to avoid the checkpoint is required by the courts and you cannot be stopped for avoiding the checkpoint...it is not a crime. Just make sure you make a legal turn. And NO, you cannot be arrested for failure to ID if you have not committed an infraction or ordinance violation. Being directed into a checkpoint does not satisfy that aspect of the law. Asking for ID and registration is not to find out who they are, I do not run their info. It is a divided attention test that a person under the influence rarely passes. They hand them to me and they get handed right back. I've worked checkpoints for many years and I am quite familiar with them and their legalities. If they are operated in a very specific manner they are legal according to the courts. However, someday that might change. You never know.

 

[EvilleDoug]

WHY I JOINED

An alternate route to avoid the checkpoint is required by the courts and you cannot be stopped for avoiding the checkpoint...it is not a crime. Just make sure you make a legal turn. And NO, you cannot be arrested for failure to ID if you have not committed an infraction or ordinance violation. Being directed into a checkpoint does not satisfy that aspect of the law. Asking for ID and registration is not to find out who they are, I do not run their info. It is a divided attention test that a person under the influence rarely passes. They hand them to me and they get handed right back. I've worked checkpoints for many years and I am quite familiar with them and their legalities. If they are operated in a very specific manner they are legal according to the courts. However, someday that might change. You never know.

You see, this is one of the reasons I joined INGO. Information like this.

Thanks,

Doug

 

[mrjarrell]

So what happens if you see one of those checkpoints, choose not to be detained without suspicion of a crime, and instead turn around or go down another street?

As I recall, Joe that's perfectly legal. That's even been discussed here with input from the INGO enforcers. They're not even allowed to chase you down, as I recall.

Edit: I see Denny weighed in on it. +1! I was pretty sure he had addressed this some time back, as well.

 

[printcraft]

..........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?

...............after your face is stuffed in some cops sweaty crotch and the other 20 are hog tying you,

Makes me want to go through the checkpoint again tonight and say no, and see if he's as friendly.

I see a pattern.

 

[Robert Richardson]

It's amazing how some people on here will look for anything to rant and rave about.It makes them look like idiots,and you know who you are.

 

[Boilers]

I ordered a copy of the tax law (two books) some years ago.
Reading through it I was appalled at how many laws are written to exempt lawmakers, and other. IIRC, a few in there for LEO-types, too. But I've slept many times since then.

I love laws that are equal and fair for every citizen, don't ya'll?

 

[Joe Williams]

An alternate route to avoid the checkpoint is required by the courts and you cannot be stopped for avoiding the checkpoint...it is not a crime. Just make sure you make a legal turn. And NO, you cannot be arrested for failure to ID if you have not committed an infraction or ordinance violation. Being directed into a checkpoint does not satisfy that aspect of the law. Asking for ID and registration is not to find out who they are, I do not run their info. It is a divided attention test that a person under the influence rarely passes. They hand them to me and they get handed right back. I've worked checkpoints for many years and I am quite familiar with them and their legalities. If they are operated in a very specific manner they are legal according to the courts. However, someday that might change. You never know.

Thank you. When I worked them, we were not required to have an "escape route," and we would chase down folks who tried to avoid them. That was some time ago, and I knew there had been some additional rulings since but haven't really kept up. The rules we operated under in the military weren't that much different, so I'm assuming they've made similar changes.

I do hope they are found un-Constitutional someday, though we did catch a lot of drunks.