Sobriety Checkpoints

[Birds Away]

This is a more recent appellate ruling that explains the legality of DUI checkpoints from the Gerschoffer ruling. We call it the Gerschoffer test.

http://www.in.gov/judiciary/opinions/pdf/07251201ewn.pdf

So, if the State determined that illegal drug activity is a threat to public safety, based upon what I am reading, what would stop them from putting all of the addresses in a random area in a hat, draw a few out and conduct searches of those houses? Or selecting a neighborhood from a hat and searching every house in the neighborhood? The courts are no longer the defenders of the Contitiution and the people's rights that they are supposed to be. They seem more interested in determining ways to enable the government by rationalizing the violations of rights.

 

[rambone]

So, if the State determined that illegal drug activity is a threat to public safety, based upon what I am reading, what would stop them from putting all of the addresses in a random area in a hat, draw a few out and conduct searches of those houses? Or selecting a neighborhood from a hat and searching every house in the neighborhood? The courts are no longer the defenders of the Contitiution and the people's rights that they are supposed to be. They seem more interested in determining ways to enable the government by rationalizing the violations of rights.

That's how it goes when there's a bad guy in your zip code. House to house SWAT searches.

[video=youtube;2LrbsUVSVl8]https://www.youtube.com/watch?v=2LrbsUVSVl8[/video]

 

[Mark 1911]

In today's world of cell phones, the ability to report intoxicated drivers is (should be) at everyone's fingertips, and should eliminate any perceived need for checkpoints. I say "should be" because the use of cell phones while driving is not allowed in many places. This is a prime example of over legislation creating real problems. Checkpoints may have their place in a war zone, but not here.

 

[Kirk Freeman]

That's how it goes when there's a bad guy in your zip code. House to house SWAT searches.

No. There is no case for this statement.

So, if the State determined that illegal drug activity is a threat to public safety, based upon what I am reading, what would stop them from putting all of the addresses in a random area in a hat, draw a few out and conduct searches of those houses?

No. See City of Indianapolis v. Edmond.

City of Indianapolis v. Edmond - Wikipedia, the free encyclopedia

 

[Birds Away]

Seems very arbitrary if the one is allowed and the other is not.

 

[PRasko]

I've contacted a few people about this, and asked a few LEO that I know.

From my understanding is. They can LEGALLY do DUI checkpoints, if the proper procedures are followed.

They CANNOT ask for identification, or any other form of documentation unless they have reasonable suspicion that you commited a crime, are about to commit a crime, or are in progress of commiting a crime.

In a nutshell, they can pull you off to the side, ask some questions, and if they smell alcohol, then ask for identification and cite/arrest you.

 

[Kirk Freeman]

Seems very arbitrary if the one is allowed and the other is not.

Exactly right!

 

[Rookie]

I've contacted a few people about this, and asked a few LEO that I know.

From my understanding is. They can LEGALLY do DUI checkpoints, if the proper procedures are followed.

They CANNOT ask for identification, or any other form of documentation unless they have reasonable suspicion that you commited a crime, are about to commit a crime, or are in progress of commiting a crime.

In a nutshell, they can pull you off to the side, ask some questions, and if they smell alcohol, then ask for identification and cite/arrest you.

A DUI isn't an infraction or ordinance violation, so how could they ask for identification if they suspect you're drunk. I don't think you're right, but let us know how it goes...

 

[printcraft]

Hey gang,
They're setting up a checkpoint right now in Kokomo at Washington and Boulevard. City, County, and State. Just your Friday FYI from printcraft.

 

[swany11]

If they really wanted to make a point, they would have these checkpoints right outside downtown after Colts' games.

 

[Denny347]

If they really wanted to make a point, they would have these checkpoints right outside downtown after Colts' games.

It has to be set up in an area that has stats showing high DUI/traffic accidents. They cannot be just set up anywhere.

 

[Rookie]

Then I'd be curious to know where they came up with their location in Kokomo.

 

[Denny347]

A DUI isn't an infraction or ordinance violation, so how could they ask for identification if they suspect you're drunk. I don't think you're right, but let us know how it goes...

We ask for identification but you are not required to provide it. It is not even checked to see if it is suspended. We ask for a driver's license and regiustration at the same time. It's a divided attention test. Intoxicated drivers will focus on ONE or the other and will have to be reminded about the article they forgot. You hand me both and they get handed right back to you and you pull off.

 

[swany11]

It has to be set up in an area that has stats showing high DUI/traffic accidents. They cannot be just set up anywhere.

Good point. Always figured it was easy pickings if they wanted to.

 

[sbz]

Unconstitutional, probable cause must be established, and are usually not very successful

 

[Birds Away]

I do believe, regardless of what the courts say, that it is pretty clearly a violation of the 4th. I also believe that drunk driving is a real problem and often has a cost we shouldn't suffer lightly. I just don't think this is the right way to go about it. I also want to limit my time around on-duty LEO as much as possible. As much as I respect them and the job they do I can't, based on a lot of things I have seen first hand and others through the media, feel safe in their presence.

 

[Denny347]

As much as I respect them and the job they do I can't, based on a lot of things I have seen first hand and others through the media, feel safe in their presence.

Ah, that is exactly how I feel...but from the flip side.

 

[Bunnykid68]

Checkpoints are a waste of time and resources.

People drive drunk every night and probably less than 1% are caught.

It is a dog and pony show for the sheople

 

[Birds Away]

Ah, that is exactly how I feel...but from the flip side.

It wasn't meant to be an insult. Just saying how I feel. A LEO has the power to make life absolutely miserable for you for little or no reason at all. The chance is extremely small but the miserable would not be. If you just happen to come across the wrong guy on the wrong day, you're could be screwed. So why would I want to be around them?

 

[Denny347]

It wasn't meant to be an insult. Just saying how I feel. A LEO has the power to make life absolutely miserable for you for little or no reason at all. The chance is extremely small but the miserable would not be. If you just happen to come across the wrong guy on the wrong day, you're could be screwed. So why would I want to be around them?

Not an insult but this mirrors my feeling regarding strangers. While a citizen cannot arrest me, filling BS lawsuits against me in Federal Court is extremely frustrating, BS IA complaints are similar. If I avoid contact with strangers while working I lessen the chance I either get assaulted, sued, or complained on.