Posted on 05/08/2011 11:43:24 PM PDT by Winstons Julia
The two men inside, Angel Naverrete and Daniel Alfaro, videotaped and narrated the entire exchange. The video will be at the center of a trial that will take place this summer.
During the traffic stop, which took place in February, the two men can be heard repeatedly asking the officer, who gave several warnings before eventually breaking the window, for his name and badge number.
Once I cite them for the infraction, I can take them in for immediate arraignment, which means I can impound the car, which then allows me to search it in order to inventory its contents.
Check points are a complete violation of your 4th Amendment Rights of unlawful searches and seizures. In other words the government cannot just stop people at random to search them. THAT is what check points do! It’s completely illegal. If you let them get away with this, then what is next?
Police are not above the law per our rights from our Creator and the U.S. Constitution. They have to follow the law just as we citizens do. We are either a nation of laws or we are not. You do not get to pick and choose which laws you like or do not like. That is not what the men at D-Day died for.
In this area they are no longer called sobriety checkpoints but safety checkpoints. Very few were being caught DUI. When stopped you are asked for license and registration. Your car is checked for a current vehicle inspection sticker. A check is made for outstanding wants and warrants. It’s surprising how many people are picked up for outstanding warrants.
The Police are not above the law. We are either a nation of laws or we are not. You don’t get to pick and choose the laws you like or dislike. It’s call the 4th Amendment Rights. Unlawful searches and seizures. Police check points that pull everyone over to check them, even though they have no probable cause, is a complete violation of the 4th Amendment.
You are forgetting the bigger Picture too. If you want to allow big brother to get away with this, then what is going to stop them from going after the rest of our rights that we naturally have from our Creator and NOT government.
As opposed to members of our Armed Forces who never, ever, ever complain about anything. LOL
The problem with your methodology is at some point you will screw up (the illegal sticker was legal) and the bigger case relying on the evidence you got will be thrown out.
Notice he did not get a DUI? It is an unlawful search and seizure. Moreover, the property inside your car belongs to you. So technically the Police were breaking and entering without a search warrant.
One last point. I would personally sue the police officer that broke the Window of my car, and the Lt. for violating my 4th Amendment Constitutional rights. Guess what??? You can do that and it’s already happening. Call it coming to a neighborhood near you. So if you do not mind being tied up in court, paying for an attorney and possibly having your wages garnished and released from duty. Go for it.
Oh and not only would I sue for the broken window and time and money it cost to fix it. It would be for the time wasted under arrest, my attorney fees and court cost.
Really stopping at a sobriety check point, handing over your driver’s license and registration takes a few seconds.
It depends on how many vehicles are in line.
I’ve only had a problem with them a few times, back when I drove a cab. They were set up on a heavily traveled back road and the lines were long. I finally made it to the officer, he checked my license and registration, State and City vehicle inspections, hack license, trip sheet, wants and warrants. It was a busy evening for cabs and I was stopped several times. I couldn’t avoid the checkpoints because we’re required to take the shortest route to our destination. Every time I had the same officer. Every time he went through the whole procedure. This happened a couple times a month for several months.
B.S. ! You are supporting Communist/Nazi style thug tactics of “let me see your papers!”.
The USA is not about that and was not founded on that. We are NOT A POLICE STATE!
If you want that, then go live in North Korea. I’m sure would thing that you would enjoy beating up fellow citizens there.
A driver’s license & a license plate are issued by the State and are property of the State. Driving (operating a motor vehicle) is a privilege not a right. That’s why those things can be suspended or revoked. It’s a law, at least in my state, that you must properly identify yourself when detained. When one get’s a DL they agree to abide by the rules of the road, the Laws of that Sate and any state they drive through. Obeying the orders of a law enforcement officer is the law, you contest them later in court if you so choose.
Really? So if an uninsured illegal alien flies through a school zone at 80MPH, does donuts in the intersection all while drunk the ONLY thing that he can prosecuted for is on driving without a license? And did the illegal alien somehow agree to abide by that traffic law too?
You have been brainwashed by the Progressives who clearly own you.
Don’t call yourself an American with that attitude, jake.
"I guess they didn't have a dog that the cops could shoot."
It’s a right to drive a car. Sorry, you un-American punk.
These non-checkpoints are basically an accosting (check your case law) since there is no PC [PROBABLE CAUSE] or RS [REASONABLE SUSPICION] to stop the vehicles. Therefore, as in any accosting, the citizen has no obligation to submit to the accosting and can walk/drive away at any time.Thanks for the post of reason.Eventually the Courts will correct the legal fiction of these non-checkpoint checkpoints and the argument will go away.
Unlawful restraint: "A person commits the offense of unlawful restraint if the person knowingly or purposely and without lawful authority restrains another so as to interfere substantially with the other person's liberty."
Kidnapping light under color of authority. An abusive tactic.
No law enforcement to enforce road laws=no road laws. No road laws=the early years of the driving era when death rates were astronomical.
You must be a product of the government schools and completely lack critical thinking skills.
First of all, are you really claiming that today's automobiles are no different than the cars eighty years ago? Tell me about their soft dashboards, seatbelts, airbags, crumple zones, anti-lock disc brakes, all-season tires performance tires, nitrogen shock absorbers, independent suspension, traction control, rear-mounted cameras, safety glass, collapsible steering wheels, high mounted brake lights, Xenon headlights, roll-over protection, fire management systems, mirrors, wide, paved streets, traffic signals, bumpers, and a cultural where nearly everyone has thousands of hours of driving experience.
Perhaps you can show me the emergency rescue system that can bring out the Jaws O'Life, Care-flight, highly trained and responsive EMT, and the myriad of life-saving techniques and medical equipment. Were all of those things also in that time period you are thinking of?
Furthermore, I assume that you are ignorant or dismissive of this article about removing traffic signs and signals in Europe to promote safety and reduce congestion. Maybe you want to explain why the Autobaun has a reputation for speed, and for the environmental, not safety reasons why some areas now see speed limits.
You should have read my posts. I reached the same conclusion you did.
“Sobriety checkpoints are a fact of life because people drive drunk.”
So stop the people where there is actual probable cause to think they are driving drunk. Swerving, stumbling out of a bar, visible containers, no lights, standing at a green light, etc, etc, etc.
These statist “fishing” checkpoints belong back where I last encountered them, in the USSR or central America, not a constitutional USA. The drunk driving fear mongering is just another ploy for people to slowly give up their rights.
The fact that so many people HERE support random searches of everyone traveling on a random local road with no probable cause, for ANY given reason, makes me sick.
I agree. ‘If you got nothing to hide, then there’s nothing to worry about’ is a great teaching tool between a parent and child, but the gov’t is not our parent and are suppose to be following the constitution, not what makes people ‘feel’ safer...whether it real or imagined.
I have an eerie feeling you've just summarized the argument that obama will use to justify taxing drivers by the mile and installing a black box to monitor activity.
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