DUI Check Point Constitutionality.

If you've done nothing wrong, what statements are you going to make that are a witness against yourself? NONE! So 5th amendment applies to you if you're involved in a criminal case!

The cops talking to innocent people does not create a case, if it did....we'd all be going to trial every time we talk to a cop.

A check point is not a search, as a search is an intrusion into someones reasonable expectation of privacy be a government agent. Asking general questions of every motorist that passes through a point is not an intrusion into your expectation of privacy based on the reasonableness standard set forth by the supreme court.

DUI checkpoints are constitutional, if you have a problem with it, talk to your congressman.


EDIT: I just saw the shit posted above...its called expressed consent. Its stated in each states DUI statute.

Colorado:

(2) (a) (I) A person who drives a motor vehicle upon the streets and highways and elsewhere throughout this state shall be required to take and complete, and to cooperate in the taking and completing of, any test or tests of the person's breath or blood for the purpose of determining the alcoholic content of the person's blood or breath when so requested and directed by a law enforcement officer having probable cause to believe that the person was driving a motor vehicle in violation of the prohibitions against DUI, DUI per se, DWAI, habitual user, or UDD. Except as otherwise provided in this section, if a person who is twenty-one years of age or older requests that the test be a blood test, then the test shall be of his or her blood; but, if the person requests that a specimen of his or her blood not be drawn, then a specimen of the person's breath shall be obtained and tested. A person who is under twenty-one years of age shall be entitled to request a blood test unless the alleged violation is UDD, in which case a specimen of the person's breath shall be obtained and tested, except as provided in subparagraph (II) of this paragraph (a).

 

X2

 

I wish it was just 3 hours, I'm pretty sure here in Alberta you can be held for up to 24 hours without reason, at which point if your not being charged then they have to let you go.

 

But they beat you first before letting you go right?

 

Only when I'm the one being arrested it seems

Its cool, dino hide can take a lot of punishment

 

At least you don't get your little Sunflower petals in a bunch...

 

Yea, it's a good thing I don't have the emotional stability of a sunflower eh

Now where did I leave that weed wacker..

 

Good luck using it with your little stubby arms.....btw...yer still a Hippie Commie from Canuckistan.

 

I cooperate. I want my community and country to be safe from idiots. So if that means checkpoints to keep drunks off the streets and checkpoints to keep illegals and drugs out of my country then I'm all for it.
I roll up to a checkpoint, they immediately can tell that I'm not what they are looking for and wave me through. No big deal. Keep up the hard work and stay safe!

 

Zee Motha land has filed away your musings, to be used as evidence in your torture trials upon world domination.

 

....iluvu

 

Bring it you greasy reptile!!!

 

Maybe the police can't legally pull you over and charge you with a crime without evidence that you have or reasonable suspicion that you might have committed a crime, but if they, while clearly outfitted as police and driving clearly marked police vehicles, signal you to pull over, legally or illegally, and you don't then you have committing a crime.

Section 1:
a) Any driver of a motor vehicle who willfully fails or refuses to bring such driver’s
vehicle to a stop, or who otherwise flees or attempts to elude a pursuing police vehicle
or police bicycle, when given visual or audible signal to bring the vehicle to a stop,
shall be guilty as provided by subsection (c)(1), (2) or (3). The signal given by the
police officer may be by hand, voice, emergency light or siren. The officer giving such
signal shall be in uniform, prominently displaying such officer’s badge of office, and
the officer’s vehicle or bicycle shall be appropriately marked showing it to be an official​

Also, the police can legally stop you to ensure the public safety and, in my view at least, a DUI checkpoint does just that.

The myriad times I was underneath smashed cards soaked with gas in the middle of an the Intestate trying to extricate accident victims, I always appreciated the fact that the police could legally stop traffic -- you wouldn't believe how many people will barge through an accident scene on an Interstate at 75 mph if there is just an ambulance there. I've been on several runs where I had to deal with multiple accidents caused by people who didn't slow down for the first one.

I appreciate it that the police can, by low, stop people for the public safety. I would have appreciated it even more when I was pulling dead bodies out of the way trying to get to living victims if they had stopped and arrested the drugged-out idiots who caused most of the crashes 30 minutes before at a checkpoint.

 

You have the right to quit if you don't like it. I'm sure they told you they can all will random test before you took the job.

 

/\/\ this

 

Yeah they do and often repeat offenders and then we get to send them to jail for awhile and let them think about it.

 

This ^^^

Where on earth are you hearing that they are ineffective? In my community just because of the way the roads are theres only 2 roads in and out of any area, makes DUI checks here VERY effective so people don't do it.

 

http://www.policeone.com/police-pro...stions-effectiveness-of-sobriety-checkpoints/

There are much better deterents to drunk driving. One is more jail time. Another is mandatory car impounding. Both those measure punish guilty drunk drivers and not innocent sober citizens.

 

Waaahh...

 

Not to mention the Counstitution protects you from the government doing an unreasonable search in a criminal case. It does not protect you from a private employer doing a drug test you consented to when you agreed to work there. It doesn't even protect you when your employer is the government and requires a drug test as a part of employment that has nothing to do with a criminal case.