Posted: 5/26/2005 2:10:47 PM EDT
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Beware they are everywhere this weekend. Which brings up the question... Doesnt the police have to treat everyone who passes through the roadblock with the same amount of suspicion? Is it legal for them to just randomly pick vehicles and demand papers or ask to search, while waving others by? |
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You have to check everybody. You can't randomly select which ones you check. That is not to say if they see something they cannot have that car pull to the side more investigation. ETA: after reading beaterAR's post in another thread. It is my understanding that yes you can wave cars through without checking but you can't do it randomly. You have to check something like every third car or fourth car etc. You have to be consistent. So if car #2 looks hanky but you are only checking every 4th car you have to let them pass without a check. |
Don't know. Different set of rules for airports. |
This is what a lawyer I was talking to said as well. It was obvious that their asking for papers wasnt because the vehicles or drivers looked suspicious, they werent asking them to pull to the side. Can I demand the video tape from their crusier as evidence in a civil case? |
I update my post after I read beaterAR's post in another thread and understood his question better. |
You can't demand it but if you file a case, your lawyer can have it subpoenaed. |
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So what if motioned to pull over and you don't. You just keep driving at or below the speed limit. I really don't feel like wasting my holiday time pulling over for a fishing expedition so some municipal government recent-grad functionary in Buttfuck, IL can earn his double time. Is it just a moving violation? |
Attempting to Ellude. |
Normally you don't pull cars to the side unless you are ticketing or going to conduct a further investigation. I've seen state troopers just stand there with ticket book in hand and write them up on the spot. |
$5 says SCOTUS* has immunity (from being personally stopped at a DUI/Seatbelt/firearms/safety "checkpoint") *making laws for the little people for over 200 years* |
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I reckon this is a big deal in every state, ohio radio is making a big deal about getting the word out. I have decided I won't be going out and spending my money at festivals or parades or anything since I despise anything that is like a checkpoint where you prove your innocent after they waste your time. I may be in my early 30s but I am so ticked at some of this stuff that my new nickname is old grouchy among some folks. As far as the original post goes, I suspect this new federal seat belt law may bring new rules to the table. But in ohio there was some form of checkpoint that was declared unacceptable at some point. They renamed it and most likely operated it differently and it has been ok ever since. As far as not stopping or "evading" the checkpoint, it will be a pretty serious ticket from what I have studied about ohio's stupid checkpoints and what not. Expect flashing lights and guns drawn from what I have read in ohio's case law. But I plan to leave ohio, I doubt it will be much better elsewhere but I can hope it is a tad better. So check the state laws, and look into what this federal seatbelt crap brought out. I think I might go buy an old car, old enough it does not even have lap belts. When they do their checkpoints I might just go for a spin to have some fun. |
In all honesty, that is probably the best option. .gov wants checkpoints? Fine. Have at it. We will stay home and watch the economy crash on cable TV. Bars & restaurants at first, then theatres, anything open after the regular 9 to 5 can wither on the vine. They can harass the pizza delivery guys at their beloved checkpoints, and the guys delivering the newspapers or anything else in the off hours. Y'all want a police state? You got it. Look at how well East Germany did. |
OUCH. That is brilliant astringency. Well done. |
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Damn feds are requiring states to put up roadblocks to catch people not wearing seat belts and ticket them. If they don't feds cut off some money. Wonder what happens when state law says the fuzz cannot stop someone just for not wearing a selt belt? Court would have to throw out ticket. Just Jorge taking away more of our rights. He's getting as bad as the old rulers of the USSR. |
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I just take the first turn as soon as I even suspect a checkpoint, which is usually before I see it (I know the traffic patterns in town well enough to know when something isn't "right") -- Usually it turns out whatever is f'ing up traffic is just an accident or something like that, but jogging over a block or two isn't really inconvenient, and usually faster anyway. I have been stopped once, officer asked why I turned off before their insurance compliance checkpoint, and I simply said "I figured it was an accident screwing up traffic and I didn't want to be in the middle of it". He then demanded proof of insurance, got pissed off that I'd handed him that along with the licence and registration he asked for as soon as he stopped me, but didn't notice was in his hand (me: "its right there with my license and registration sir"), threw it all back in my car and said "get the hell outta here". The way I see it is they're going to have their REVENUE STOPS regardless of what us peasants do.....not really worth getting worked up about. |
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As usual the display of ignorance is both expectable and here. As long as they have a system for selection, and keep to that they are fine. It's when you pull people for other reasons you get in trouble. I watch the one by my place sometimes when it happens when I'm walking the dog and have seen probable drunks get waved by. I expect they allow them to perform another moving violation in the next few blocks and get them. (SCOTUS Case Law says you have to maintain the pattern, civil liability case law says that letting an obviously drunk driver go and he injures himself or others you probably are liable.) As far as driving through and not stopping, gonna be hard if you aren't the first in line whenthey stop a group of 3 or 4. One of the local jbts from other jurisdictions can probably elucidate but here in CA , the checkpoints have to be readily announced ahead of time in the local papers, and signed such that you can drive around them. The one on the main street by me kind of annoys me bacause the folks that try to avoid sometimes end up on my cul-de-sac nd confused. And if you don't know the neighborhood you end up back before where you started. IIRC you can't go after people that try to avoid, unless they commit a moving violation in avoiding. In other words they really aren't anything the avid libertarian can't easily avoid and ignore. |
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Here they always pick a place where you have no chance of turing around. KY is not very friendly in aspects of its road sizes and emergency lanes (there are none). Did I mention this road block was being conducted at 4 in the afternoon. I wonder what constitutes a pattern for picking vehicles and what doesnt. I mean how complicated can their "pattern" be. There was obviously no pattern at this checkpoint, this guy would stop and walk away from the middle of the road for a few minutes, people didnt know if they could go or not. Then he either wave them on or come up and get their papers. Or he would turn around and look at his supervisor and wave 3-5 cars through then stop 6-10. It was a real flustercluck. I must sat there creeping along for 15-20 minutes. Long enough for the lady in the SUV in front of me to put on her little pretty hat and makeup for them. ETA: As a side note to drivers who are not aware, it is customary to at the very least flash your headlights at on coming traffic to alert them that there is some kind of hold up ahead. |