4th of July DUI Checkpoint - Drug Dogs, Searched Without Consent. Is This Legal?

My only question is...Is this legal? I sure as hell hope not.

This is not a rant but rather a fact finding thread.

They search his car without consent, go through his belongings at a DUI check point, Have a dog run all over his car surface...without once asking if he was drinking. Did he give consent simply by stepping out of the vehicle? Is he even required to step out of the vehicle when asked? Well, ordered actually.

Maybe some people here know more about the "NEW" way of doing things in the US that many are not aware of.

Very interesting at the end that after all of this the cops admit that he knows his Constitutional rights while apparently denying him said rights.



From the Source:

Published on Jul 4, 2013 Officer Ross orders me to pull over and get out of my car, bullies me around, gets the drug sniffing K-9, lies about me having "Illegal Drugs" in the car, searches without consent, and tells me that it is ok to take away my freedom. All while not being detained. All this harassment because my window was not lowered enough to his preference.

I broke no laws whatsoever. All of this on a day that we are supposed to be celebrating freedom and liberty. At the end of the encounter, the officer did not want to give me his name when I asked him. After I repeatedly asked him, he finally gave it to me.

Peace

Gestapo type checkpoints...

"Show me your papers".

Dogs are just a ploy to obtain a phony warrant.

This should go viral....The kid still has rights.

Originally posted by whyamIhere
Gestapo type checkpoints...

Show me your papers.

Dogs are just a ploy to obtain a phony warrant.

This should go viral....The kid still has rights.

At a DUI check point...from what I understand, you ask if the driver has been drinking and if there is reasonable suspicion, take a breath test. Now blood can be demanded or forcibly taken but that's another thread.

Do they have the right now to detain, search etc?

Peace

The short answer is no, it's not legal. The long answer is that they do it anyway and if you force the issue, your are usually tasered, arrested, battered and go to jail. Perhaps you get off in court but that's after you post bail, pay to get your car out of the impound yard, hire a lawyer and pay all your legal fees, in the meantime, no action, none at all is taken against the officers who falsely arrested you. That's why they do it, because they don't care and there is no consequence for it.

reply to post by jude11


The Constitution can not be suspended for any reason.

I have been through many of these illegal searches.

I commend that young man for standing up for his rights.

If we all did this....These warrant-less searches would go away.

Originally posted by Helious
The short answer is no, it's not legal. The long answer is that they do it anyway and if you force the issue, your are usually tasered, arrested, battered and go to jail. Perhaps you get off in court but that's after you post bail, pay to get your car out of the impound yard, hire a lawyer and pay all your legal fees, in the meantime, no action, none at all is taken against the officers who falsely arrested you. That's why they do it, because they don't care and there is no consequence for it.

And this is my conclusion as well but I was just wondering that since it seems to be accepted by so many that perhaps somewhere along the line things have changed...since no one is really making a big deal out of it anymore.

Peace

Originally posted by whyamIhere
reply to post by jude11

 

The Constitution can not be suspended for any reason.

I have been through many of these illegal searches.

I commend that young man for standing up for his rights.

If we all did this....These warrant-less searches would go away.

Thanks,

You just answered my post below you.

Damn, you're quick!

Peace

This also happened to my daughter last summer in El Paso, Texas. I posted a thread about it, only to have posters say that she must have been guilty of "something"....which she was not. Two hours detained, drug dogs all over her car, a mobile x-ray device to make sure that drugs were not hidden somewhere in her vehicle, and harassed by officers in a private office with no legal representation. In the end, she and her friend were released. Unreasonable search and seizure, unlawful detainment, all done WITHOUT probable cause.

We are in a police state here in America. Nobody protests it, nobody fights it, everybody cowers and obeys these thugs. It is NOT legal, but there aren't enough people with cojones in this country who want to stand up and say so.

There are too many cowards who would rather have the illusion of "safety". The founding fathers are spinning in their graves.

reply to post by jude11


You could have been a dangerous terrorist.
Think of the children that could have been killed if you were a terrorist!

The Patriot act is about you standing patriotically with your ass in the air waving the american flag while they make sure you are not a terrorist. Remember, they could be anywhere.




I feel sorry for you over the pond these days.
I am amazed you have tolerated this much.
How much more?

"is this legal?"
probably yes.
but if not sure, ask in a internet forum.

what is the problem?

Originally posted by FissionSurplus
This also happened to my daughter last summer in El Paso, Texas. I posted a thread about it, only to have posters say that she must have been guilty of "something"....which she was not. Two hours detained, drug dogs all over her car, a mobile x-ray device to make sure that drugs were not hidden somewhere in her vehicle, and harassed by officers in a private office with no legal representation. In the end, she and her friend were released. Unreasonable search and seizure, unlawful detainment, all done WITHOUT probable cause.

We are in a police state here in America. Nobody protests it, nobody fights it, everybody cowers and obeys these thugs. It is NOT legal, but there aren't enough people with cojones in this country who want to stand up and say so.

There are too many cowards who would rather have the illusion of "safety". The founding fathers are spinning in their graves.

I was uncertain of the entire stop until I seen the cop open the door and start rummaging through it. That's when I had the question of legality.

I knew that this wasn't right but I have seen vids like this where no one even questions the procedure. They just seem to do as they are told without even a simple question.

Do you know if this is law in different States?

Peace

reply to post by jude11


I have a unique knowledge about this type of law enforcement. It is complicated and unless you know your exact rights it can end badly and you can be charged with multiple crimes, some of which may hold up.

It differs depending on what type of checkpoint you are going through. Federal immigration officers are not peace officers and can not demand that you produce identification and typically hold extremely little to no power to enforce state law or issue citations. Local, county and state law enforcement however are peace officers and you are required to produce identification when asked if you are operating a motor vehicle.

One thing people can get wrong sometimes is that while in control of a motor vehicle you must obey the reasonable commands of a peace officer regardless if they are detaining you or not. By not doing so, you in most cases are committing a crime.

You do not have to answer personal questions, you do not have to state where you are headed or where you are coming from and if you do not consent to a search of your vehicle then do not give it and if they violate your rights in any way, sue them. My honest advice is to be confident and stern in your assertion of rights but not to the point that it leads to your arrest, you can always file a civil suite after the fact and claim civil rights violations.

Lawsuits en mass is a more effective way of ending this type of totalitarian tyranny, probably a better solution then getting your window busted out, tased and jailed for a short time anyway.

The cop didn't follow the law or established procedures. period.

Originally posted by Rikku
"is this legal?"
probably yes.
but if not sure, ask in a internet forum.

what is the problem?

"Probably" isn't really an answer tho, is it?

And why would you assume that I have a "Problem" when asking for honest input from people that actually live in the US?

Peace

reply to post by jude11


I was under the impression that, technically, at a DUI checkpoint, if they have no reasonable suspicion of drinking while driving or other crimes, they can't do any of that, let alone even ask you to ID yourself, and have to let you go. I have also read (i think), and I'd have to look for it, that the courts have said that it is also illegal for them to make you wait while they call the dogs to sniff your car, if you refuse to allow them to search, and if they have no immediate reasonable suspicion (and if they HAD reasonable suspicion or probably cause they wouldn't really have to have the dogs called).

I have also seen videos that explain how drug/bomb dogs can be trained to "alert" on something on a covert command/sound/etc, to give cause for search.

BUT, this is the new age of the US, and as long as they keep getting away with this ILLEGAL behavior by scared citizens who will bend and submit, it will keep happening at an alarming rate.

The Police State is full force, and people are bending over willingly.

And when it DOES happen, document at all costs, take it to court, and keep taking it higher and higher if the illegal actions are not properly addressed in court.

We can't roll over (which we are doing) or it will get worse (which it is).


KNOW YOUR RIGHTS.

I also wanted to ETA for: reply to post by FissionSurplus


I agree with you, and I think I have echoed some of what you also said.

driving is not a right, how they govern it is gray.. Road blocks have been outlawed here where I live, but the cops here case the bars and get the suckers every weekend.. In the past 5 years I have seen the Night life in my town go from action packed to our bartenders starving, and this was a party state.. The politics of my town has pushed out all the younger adults, and its just to easy to get caught in the DUI, revenue trap... They go after the people they know will pay, not the people who would sit in jail...You can refuse a search but the cops will make you sorry down here... Me and my wife do not go out anywhere, we used to go out to a local island and mingle with the crowd out there but we realized its just to much of a hassle, to much worry about getting pulled over, getting cab etc. Not to mention there are only two ways to get off this island.. I had a bail bondsman client, tell me that he was making allot of money off of dui arrests and so was the local government, do not get me wrong if your piss poor drunk and your driving 100 miles an hour in the center lane at 2am risking the lives of other people you deserve to go to jail. If you had 3 beers and you run into a check point and the cop asks you if you have been drinking and you say yes, and you have a hot gal in your passenger seat and lipstick on your neck, you should not get a dui..

Yet in 2013, in the USA... You end up blowing a 0.09

going to jail, and getting screwed... The guy driving 100 miles an hour and is drunker then a skunk will crash his way home....

I suggest you stay at home during the holidays or plan a way home.. Me and my wife walk across the street to a local pub, when we want to go out, and play trivia, etc.

The cops and this dui racket has just gotten to bad in our area... As I said they have decimated our nightlife...

Oh the next new racket is the redlight camera, with the less then 1 sec yellow light

coming to a town near you.

THose cops were some YAHOO'S, same typical hide behind the badge type of low life piece of craps, trying to bully people around who do not know there rights. I hope that guy sues that police department..

video's like this thou, is why me and my wife do not drive at night on the weekends, these cops are ruthless pieces of crap, that are not protecting our citizens, they are trying to get promotions or revenue..

Varies by State. Link

Proud of WA, it's illegal here.

Apparently they skirt the law by posting signs in advance, making it legal under the 4th. I do not believe they should be legal. I think it's ridiculous.

Originally posted by Helious
reply to post by jude11

 

I have a unique knowledge about this type of law enforcement. It is complicated and unless you know your exact rights it can end badly and you can be charged with multiple crimes, some of which may hold up.

It differs depending on what type of checkpoint you are going through. Federal immigration officers are not peace officers and can not demand that you produce identification and typically hold extremely little to no power to enforce state law or issue citations. Local, county and state law enforcement however are peace officers and you are required to produce identification when asked if you are operating a motor vehicle.

One thing people can get wrong sometimes is that while in control of a motor vehicle you must obey the reasonable commands of a peace officer regardless if they are detaining you or not. By not doing so, you in most cases are committing a crime.

You do not have to answer personal questions, you do not have to state where you are headed or where you are coming from and if you do not consent to a search of your vehicle then do not give it and if they violate your rights in any way, sue them. My honest advice is to be confident and stern in your assertion of rights but not to the point that it leads to your arrest, you can always file a civil suite after the fact and claim civil rights violations.

Lawsuits en mass is a more effective way of ending this type of totalitarian tyranny, probably a better solution then getting your window busted out, tased and jailed for a short time anyway.

Damned if you do and Damned if you don't huh?

I have posted many vids like this where it was blatantly clear rights were being violated but this one is just a puzzler for me.

Since he left his car willingly does that now give them the right to search the vehicle? Might that be a factor?

Peace

The end of the video is the most telling when he sees they are being recorded.

They KNEW they were so busted and in the wrong at that point but trying so hard to criminalize this kid by finding ANYTHING that will help them not only meet their quota and move themselves up through the ranks but legitimize this act to begin with.

"look we found something! good thing we had this checkpoint" kind of deal.

All I could think of Jude ,to answer your OP question was this......