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Police Need to Start Chilling


greg775

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QUOTE (greg775 @ Aug 26, 2015 -> 01:00 AM)
I enjoy watching those videos on youtube where people make cops mad at DUI stops and border stops. They won't answer any of the cops questions and sometimes the cops get pretty mad.

 

My question to attorneys ... At a DUI stop, some of these youtubers act like they don't have to show their drivers license or registration. Isn't it a LAW that when stopped at a checkpoint we HAVE to cooperate with the law or we automatically lose driving "privileges?" Can we do what these people are doing when stopped? Basically say "I don't answer questions" and "what cause do you have to stop me?" One guy got arrested and there was no youtube followup. Normally on these videos the cops tire of the person reciting "I don't answer questions" and the cops finally wave them through and say, "OK have a nice day."

There are several helpful guides out there. If you are stopped by police, you have to present your driver's license and your registration at the request of the police officer and they have the right to check your license plate. Anything beyond that is a search of your property that requires consent. You have the right to refuse such a search or to demand that it be conducted at a police station with your lawyer present.

 

dui-checkpoint-1.jpg

 

Here's a guide from the ACLU.

 

of course, part of the problem is that if you know those rights and follow the rules but happen to, let's say, not be a member of a majority population in this country, the police may respond ina much more hostile manner.

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There are several helpful guides out there. If you are stopped by police, you have to present your driver's license and your registration at the request of the police officer and they have the right to check your license plate. Anything beyond that is a search of your property that requires consent. You have the right to refuse such a search or to demand that it be conducted at a police station with your lawyer present.

 

dui-checkpoint-1.jpg

 

Here's a guide from the ACLU.

 

of course, part of the problem is that if you know those rights and follow the rules but happen to, let's say, not be a member of a majority population in this country, the police may respond ina much more hostile manner.

 

I know several white Christian males who have been stopped by cops and exercised their rights and the cops got pretty hostile with them.

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QUOTE (HickoryHuskers @ Aug 26, 2015 -> 12:48 PM)
That guy got charged and is probably going to do a lot of time for what he did.

If my statement is "things might not turn out as well if you're a member of a non-racial majority group and you're involved in a traffic stop regardless of what your rights are" and your reply is "bad things only happen to them because they grabbed for officers' guns", you probably should make sure it's not in a thread that started with a case where a guy was shot while not grabbing for an officer's gun during a traffic stop, regardless of who is going to prison for it.

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QUOTE (Balta1701 @ Aug 26, 2015 -> 09:18 AM)
There are several helpful guides out there. If you are stopped by police, you have to present your driver's license and your registration at the request of the police officer and they have the right to check your license plate. Anything beyond that is a search of your property that requires consent. You have the right to refuse such a search or to demand that it be conducted at a police station with your lawyer present.

 

dui-checkpoint-1.jpg

 

Here's a guide from the ACLU.

 

of course, part of the problem is that if you know those rights and follow the rules but happen to, let's say, not be a member of a majority population in this country, the police may respond ina much more hostile manner.

You can't refuse the search if they have probable cause (i.e., smell drugs / booze on you or see something in the car seat), right? Or am I incorrect?

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QUOTE (Chisoxfn @ Aug 26, 2015 -> 05:58 PM)
You can't refuse the search if they have probable cause (i.e., smell drugs / booze on you or see something in the car seat), right? Or am I incorrect?

You can't refuse the search but you can require them to arrest you and give you access to a lawyer in order to do it. They also are required to tell you why they are arresting you. They can only search you to the extent that they're verifying you're not putting them in jeopardy by being there - a pat down for weapons. You also have the right to ask why they're doing that and deny them access to anything other than a pat-down for weapons. They can use the "searching for weapons" excuse to look into a vehicle but if they conducted a detailed search and that's when they found something (you're not grabbing a gun in a trunk if you're in the driver's seat) a good lawyer could have a shot.

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QUOTE (Chisoxfn @ Aug 26, 2015 -> 09:58 PM)
You can't refuse the search if they have probable cause (i.e., smell drugs / booze on you or see something in the car seat), right? Or am I incorrect?

Also, I thought you will lose your license for a year if u get stopped at a DUI checkpoint and refuse to cooperate. The cop can always have an out and say he smelled alcohol in your car and that was probable cause to give you a DUI test. You refuse it and you lose your license.

Attorneys? Is this right? So if you are stopped for a DUI checkpoint you pretty much have to answer the cops' questions. It appears to be different regarding a citizen checkpoint. You can stifle there and not say anything.

Edited by greg775
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QUOTE (greg775 @ Aug 27, 2015 -> 12:51 AM)
Also, I thought you will lose your license for a year if u get stopped at a DUI checkpoint and refuse to cooperate. The cop can always have an out and say he smelled alcohol in your car and that was probable cause to give you a DUI test. You refuse it and you lose your license.

Attorneys? Is this right? So if you are stopped for a DUI checkpoint you pretty much have to answer the cops' questions. It appears to be different regarding a citizen checkpoint. You can stifle there and not say anything.

For them to operate those "No refusal checkpoints" they have to have access to a judge in some way who is willing and able to grant a warrant if you refuse the search. You still have the right to not speak and to demand an attorney in those cases as well. Otherwise you still have every right to refuse to answer questions or respond unless they're willing to arrest you.

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QUOTE (Balta1701 @ Aug 27, 2015 -> 08:43 AM)
For them to operate those "No refusal checkpoints" they have to have access to a judge in some way who is willing and able to grant a warrant if you refuse the search. You still have the right to not speak and to demand an attorney in those cases as well. Otherwise you still have every right to refuse to answer questions or respond unless they're willing to arrest you.

 

I swear I've heard of them setting up DUI checkpoints with a judge right there on the spot to grant search warrants.

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QUOTE (Iwritecode @ Aug 27, 2015 -> 10:20 AM)
I swear I've heard of them setting up DUI checkpoints with a judge right there on the spot to grant search warrants.

Yes, that was alluded to in that comment, but that doesn't mean you have no rights to representation.

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On a police related note, some lowlife piece of s*** gunned down a police officer Friday night while he was walking out of a gas station's convenience store in Texas. This is unacceptable as a society ... again. I would think we are going to look back at 2015 as the year things started to spiral out of control violence wise and never ever get better. The poor kids being brought into this violent pathetic world.

 

http://www.cnn.com/2015/08/29/us/texas-she...tion/index.html

Edited by greg775
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QUOTE (greg775 @ Aug 29, 2015 -> 03:56 PM)
On a police related note, some lowlife piece of s*** gunned down a police officer Friday night while he was walking out of a gas station's convenience store in Texas. This is unacceptable as a society ... again. I would think we are going to look back at 2015 as the year things started to spiral out of control violence wise and never ever get better. The poor kids being brought into this violent pathetic world.

Please just stop.

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QUOTE (Balta1701 @ Aug 30, 2015 -> 02:03 PM)

Not really sure how that relates to how many law enforcement officials are killed each year.

 

edit: I looked it up. That is only police, doesn't include many other law enforcement which are up quite a bit. Point taken though. It's only the last few years that it is on the rise again.

Edited by ptatc
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