The following video provides another sterling example of how to exercise one’s rights if stopped at suspicion-less police checkpoint.
The driver in the video was stopped by police at a DUI checkpoint in Las Vegas Nevada. He writes “I went through three DUI checkpoints on the night of this incident, and this is the only one that did not release me immediately upon refusing to answer questions.”
“I was detained at a DUI checkpoint for refusing to answer their questions, after refusing to answer all questions I was released after nearly six minutes.” the man adds.
The video serves as a great example of what to do at a DUI checkpoint. The man remains calm and speaks clearly but non-aggressively. He explains that he knows his rights, provides documented examples, remains adamant that he is not obligated to answer questions unless he is suspected of a crime, and asks the police to identify themselves.
He also informs the police that he has a weapon in the vehicle, and tells them where it is without reaching for it or showing it.
Despite calling the man’s actions in standing up for his rights “crap,” the cops in this case also remained relatively calm. Obviously this is not always the case, as was recently documented at a checkpoint in DeKalb, Illinois.
It is now the norm for police to consider everybody equally likely to be guilty of something than innocent. This is proactive policing, not preventative or reactive policing. And the worrying thing is that this kind of policing is more widely indicative of a society that is NOT free.
The Fourth Amendment was specifically created to protect the American people against this type of arbitrary enforcement activity. It would seem however that a modern day ‘writ of assistance’ is being operated by law enforcement officials.
Far from increasing the security of the country, these checkpoints serve as little more than obedience training for the burgeoning American police state.
Sobriety checkpoints are generally permitted by the courts, but only if conducted properly. Though police are permitted to stop you briefly, they may not search you or your car unless they have probable cause that you’re under the influence or you agree to the search. As such, you are not required to answer their questions or admit to breaking the law.
If you encounter a checkpoint, you should ask the personnel there if they are officers of the law, whether you are being detained or not and if they have probable cause. If the answer to one of these questions is no then there is no lawful right to detain you.