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DUI Checkpoints: Yay or Nay?
Townhall.com ^ | November 25, 2013 | Rachel Alexander

Posted on 11/25/2013 6:58:33 AM PST by Kaslin

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To: dmz
Even with no refusal...compared to other states, without a doubt Texas is most liberty lovin state in the union.

Problem...we are being freedoms are being perverted by all the yankees and West coast creeps lil by lil.

They can't find work or want a cheaper cost of living....so, there coming to Texas. I guess, someday all the Texans will have to migrate where they came from and set-r-free.

141 posted on 11/25/2013 4:00:03 PM PST by servantboy777
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To: BitWielder1
There is such a small step from "roadblocks for a good reason" to "roadblocks for no reason".

Actually, if Courts were interested in upholding the Constitution, the required step would be clearly defined. What's necessary is for courts to recognize that anything a cop says, including his claimed reasons for a stop or search, and the reasonableness and sincerity of any beliefs underlying those reasons, should be evaluated as a matter of fact subject to juror consideration. Even if it would be legitimate for cops to set up DUI checkpoints in cases where it they had probable cause to believe that a majority of drivers were intoxicated, that does not imply that DUI checkpoints are legitimate in every case the cops claim to believe that the majority of drivers are intoxicated. If cops had to convince juries that their actions were undertaken in good faith, and if juries had the right to find that defendants were owed restitution for legal costs because cops acted in bad faith, many forms of abuse would become much less profitable.

142 posted on 11/25/2013 4:02:19 PM PST by supercat (Renounce Covetousness.)
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To: dmz
Even with no refusal...compared to other states, without a doubt Texas is most liberty lovin state in the union.

Problem...we are being freedoms are being perverted by all the yankees and West coast creeps lil by lil.

They can't find work or want a cheaper cost of living....so, there coming to Texas. I guess, someday all the Texans will have to migrate where they came from and set-r-free.

143 posted on 11/25/2013 4:03:49 PM PST by servantboy777
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To: servantboy777

Well that sounded retarded. lol

...Our freedoms are being perverted...


144 posted on 11/25/2013 4:05:34 PM PST by servantboy777
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To: OrangeHoof
I don’t have a major problem with what they are doing even though it smacks of your-papers-please statism.

I wouldn't mind such things nearly so much if courts would recognize that a cop's stated reasons for doing something and his actual reasons are often very different, and as such the question of whether a cop did something for a legitimate reason is in many cases more a question of witness credibility than of law. If cops' actions were under regular scrutiny by juries, they would have far more incentive not only to avoid behavior that was so patently outrageous that a judge couldn't find it otherwise, but also to avoid behaving in ways which a juror would not appreciate in a cop who stopped him.

145 posted on 11/25/2013 4:09:59 PM PST by supercat (Renounce Covetousness.)
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To: HiTech RedNeck

Police are NOT a neutral thing.

They are agents of the state/govt.

As such they have No Business detaining me or questioning me if I have done no wrong.

Next up, random full-block house searches. After all, your house is IN public and easily seen from the road and on taxed land. ‘Just looking for drugs. Its for the children. Thank you for complying’.


146 posted on 11/25/2013 4:19:39 PM PST by RoadGumby (This is not where I belong, Take this world and give me Jesus.)
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To: IronJack

I agree. I really resented it when it happened to me a couple months ago. I take the tollway to and from work. I don’t get off until midnight. On the night of my birthday, my husband waiting up for me so we could discuss our weekend plans, they had all tollbooth lanes blocked off where I get on. I asked the officer what’s going on and he says random safety check and I said I don’t think it’s constitutional to do this and he told me pull over to the left, then I asked why what did I do to be detained like this and he said I was going 40 through there when it’s supposed to be 15. No way was I going 40 after taking off from a light and stopping at the gate, which I had clearly seen was down, 30 feet ahead. So stupid me I pull over but also let it be known I was pissed while doing so....squealed the tires. Oops there’s a citation code for that. Cost me 90 bucks to show my ire regarding big brother’s tactics.


147 posted on 11/25/2013 11:04:14 PM PST by kelly4c (http://www.freerepublic.com/perl/post?id=2900389%2C41#help)
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Nay


148 posted on 11/25/2013 11:11:27 PM PST by Gene Eric (Don't be a statist!)
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To: Political Junkie Too

While I agree with your tack, I don’t think the video would be allowed as evidence, no matter how damning.

There are laws surrounding the video or audio recording of interactions and their admissibility in a trial. While you may get your video out on the Internet where a court of public opinion would damn the errant officer, the likelihood of a criminal conviction on that evidence would be slim.


149 posted on 11/26/2013 4:45:35 AM PST by rarestia (It's time to water the Tree of Liberty.)
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To: hoosierham
And so you are okay with intrusive government because it isn’t your behavior this time?

What behavior do I practice that is against the law? If I am living a Christian lifestyle in the U.S., I'm not presently breaking any laws so I have no fear of checkpoints.

That doesn't mean the day isn't coming where I could be jailed for carrying a Bible or saying a prayer but that day hasn't arrived yet as long as I am not in front of an abortion clinic.

If you're afraid they're going to catch you drunk or stoned, that's not my problem. If you're going to do those things, don't get behind the wheel.

150 posted on 11/26/2013 5:08:56 AM PST by OrangeHoof (Howdy to all you government agents spying on me.)
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To: kelly4c

That’s the kind of heavy-handed gestapo tactics that cause riots and revolutions. Police do NOT want to be seen as the enemies of the public; their jobs are hard enough without that wall of mistrust and hostility.

Another reason these fascist stop-and-cop sideshows are ineffective, if not downright counterproductive.


151 posted on 11/26/2013 5:40:44 AM PST by IronJack (=)
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To: Dilbert San Diego

In Indiana, they are bad about tinted window violations and they are allowed to bust out of state drivers too. On the non-resident drivers, they can require you to fix the tint, mostly by the small towns. State police usually just write you up and they are done with it. I also leave a vehicle there with the out of state plates and have concerns if driven, family member gets busted and hear about it and get a bunch of s—t for the tint. The law was lienient at one time, just the front windows but now the back windows can’t be tinted much anymore.

> I got a ticket once at a DUI checkpoint for having an illegal dark tinted window.


152 posted on 11/26/2013 6:28:42 AM PST by CORedneck
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To: OrangeHoof

I don’t drive drunk.Or stoned.

You obviously don’t get the idea of freedom.

If you aren’t doing anything wrong you shouldn’t mind (the government,daddy,your neighbor,the fire department,your creditors,etc.) snooping through your home,car,purse,pockets, or body cavities ?!?

The government has no valid need to search my car,home, or person;and even if they think so ,there is a process under the Constitution .It calls for search warrants .Admittedly the statist enablers have weakened the practice but it is still there in the Constitution of the United States.

How many million law-abiding Jews did a modern socialistic government murder? Or how many Ukrainians ? Or Chinese? Or Cambodians? Or Cubans ?

I don’t equate Christian with being a slave to evil men’s wishes.

And don’t doubt for a minute that you ARE in violation of some law or government regulation. There are simply so many laws and rules that it is impossible to be completely in compliance.


153 posted on 11/26/2013 9:14:52 AM PST by hoosierham (Freedom isn't free)
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To: backwoods-engineer

Quote: The Supreme Court said YES: Michigan Dept. of State Police v. Sitz

And there is always the Dred Scott decision as just one example of the small group of black-robes making a obviously wrong ruling for political reasons.

Or John Roberts ACA ruling that it is a tax.

The Constitution ISN’T that difficult to understand ,nor its principles difficult to apply.

What has happened from the moment the Constitution was first ratified is that grasping men have sought to evade the clear intent to restrict the scope and reach of government.


154 posted on 11/26/2013 9:37:05 AM PST by hoosierham (Freedom isn't free)
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To: hoosierham
To accept to live in society, you have to accept some loss of freedom and privacy. You don't want anarchy or mob rule any more than I do. In an era of Obama, it is very easy to be paranoid about government but I think this is unhealthy to constantly be in fear of the government.

If they want to inconvenience me by inspecting my vehicle, fine. They won't find anything (unless they plant it).

I take the attitude that God is ultimately in control and that He is my shield and my strength. Of course there are police that and other government types that abuse power and one can always be wrongfully imprisoned but I can't live in fear of that.

Even if the U.S. collapses into a totalitarian state, my God still reigns. I know it sounds foolish but the essence of faith is considered foolishness to those who don't believe it.

155 posted on 11/26/2013 10:16:06 AM PST by OrangeHoof (Howdy to all you government agents spying on me.)
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To: backwoods-engineer

Yeah, I know. Don’t care, except in a practical sense. Remember, these are the guys who think Osamacare is Constitutional.


156 posted on 11/26/2013 11:09:56 AM PST by Still Thinking (Freedom is NOT a loophole!)
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