Meaney77
Well-Known Member
- Joined
- Feb 25, 2009
- Messages
- 7,558
- Reaction score
- 8,064
I know this is a pain in the ass guys, but as a cop you would be surprised how many DUI drivers we take off the road. As for revenue, we actually lose money when we arrest people.
I do understand your guy?s frustration, but per case law, check points cannot make you wait any longer then about 3 minutes in line. The agency I work for, we do a check point about once a month and we are required to advertise it. Last week we had a stolen car drive right in, a parolee gang member with a gun under his seat and a father with all (3) of his kids in the car who could barely stand much less drive.
There is nothing worse than when you're sergeant calls you and asks you to search a field for a 4-year old girl?s arm that was cut off when her mom rolled the vehicle. That was my worst day ever?..
I am a dad first and at least once a month I see innocent people who are seriously injured or killed due to DUI drivers. With all of the education there is out today (sleep in your car, designated drivers, call a cab, walk home) you would think people would figure it out but they don't. Sorry to get on the soap box guys. No offense intended, but every 15 minutes someone dies in this country from a DUI crash.
I know this is a pain in the ass guys, but as a cop you would be surprised how many DUI drivers we take off the road. As for revenue, we actually lose money when we arrest people.
I do understand your guy?s frustration, but per case law, check points cannot make you wait any longer then about 3 minutes in line. The agency I work for, we do a check point about once a month and we are required to advertise it. Last week we had a stolen car drive right in, a parolee gang member with a gun under his seat and a father with all (3) of his kids in the car who could barely stand much less drive.
There is nothing worse than when you're sergeant calls you and asks you to search a field for a 4-year old girl?s arm that was cut off when her mom rolled the vehicle. That was my worst day ever?..
I am a dad first and at least once a month I see innocent people who are seriously injured or killed due to DUI drivers. With all of the education there is out today (sleep in your car, designated drivers, call a cab, walk home) you would think people would figure it out but they don't. Sorry to get on the soap box guys. No offense intended, but every 15 minutes someone dies in this country from a DUI crash.
So probable cause is not required when pulling someone over?
Reasonable suspicion?
Yes, I understand it is legal terminology that designates two different levels of assumption.
You could have pointed out that difference a few posts back, but you didn't.
The bars will actually spread the word on where the stops are.
I don't know how you stop it besides maybe 2nd offense, lose your car.
Where I live they like to have the checkpoint somewhere where you can't see it until you are very close and they always have a few Moto Cops to pull over anyone who turns off the road before the checkpoint.
I have never been to Jawbone,do you have to pay to camp there like some other places? From readind the link it sounds as if the trails are narrow and a roadblock is an easy thing to do,they're taking advantage of the geography,to take advantage of the riders.
Lets see em pull this off at Glamis Good luck
Correct, but I was having a conversation, I thought.
You are being passive aggressive.
I have never been to Jawbone,do you have to pay to camp there like some other places? From readind the link it sounds as if the trails are narrow and a roadblock is an easy thing to do,they're taking advantage of the geography,to take advantage of the riders.
Lets see em pull this off at Glamis Good luck
That's how you interpreted what I typed Dave. I'm was simiply giving you straight answers instead of going into detail.
As far as the DUI checkpoints, they used to call them CDL/DUI check points then people were in an uproar because the cops didn't have any right to actually check if someone who was driving had a drivers license without RS for the stop. They now call them DUI check point for "safety reasons".
I think if they really want to target drunk drivers, they should take the same man power and put them all out in patrol cars between the hours of 2330 - 0400. I guarantee they would get more actual DUI's that way.
Here's an interesting opinion on this that I agree with. Our freedoms are slowly eroded over time until we have none left.
1/26/2006
Opinion: Why Are DUI Sobriety Checkpoints Constitutional?
Attorney Lawrence Taylor explains the constitutionality of DUI roadblocks.
Have you ever wondered how police can stop you at a DUI roadblock (aka "sobriety checkpoint")? Doesn't the Constitution require them to have "probable cause before stopping you"? Yes and no.
The Constitution of the United States clearly says that police can't just stop someone and conduct an investigation unless there are "articulable facts" indicating possible criminal activity. So how can they do exactly that with drunk driving roadblocks? Good question. And it was raised in the case of Michigan v. Sitz, in which the Michigan Supreme Court striking down DUI roadblocks as unconstitutional. In a 6-3 decision, however, the U.S. Supreme Court reversed the Michigan court, holding that they were constitutionally permissible.
Chief Justice Rehnquist began his majority opinion by admitting that DUI sobriety checkpoints do, in fact, constitute a "seizure" within the language of the Fourth Amendment. In other words, yes, it appears to be a blatant violation of the Constitution. However, he continued, it's only a little one, and something has to be done about the "carnage" on the highways caused by drunk drivers. The "minimal intrusion on individual liberties," Rehnquist wrote, must be "weighed" against the need for -- and effectiveness of -- DUI roadblocks. In other words, the ends justify the means.
The dissenting justices pointed out that the Constitution doesn't make exceptions: The sole question is whether the police had probable cause to stop the individual driver. As Justice Brennan wrote, "That stopping every car might make it easier to prevent drunken driving... is an insufficient justification for abandoning the requirement of individualized suspicion... The most disturbing aspect of the Court's decision today is that it appears to give no weight to the citizen's interest in freedom from suspicionless investigatory seizures."
Rehnquist's justification for ignoring the Constitution rested on the assumption that DUI roadblocks were "necessary" and "effective." Are they? As Justice Stevens wrote in another dissenting opinion, the Michigan court had already reviewed the statistics on DUI sobriety checkpoints/roadblocks: "The findings of the trial court, based on an extensive record and affirmed by the Michigan Court of Appeals," he wrote, "indicate that the net effect of sobriety checkpoints on traffic safety is infinitesimal and possibly negative."
The case was sent back to the Michigan Supreme Court to change its decision accordingly. But the Michigan Supreme Court sidestepped Rehnquist by holding that DUI checkpoints, though now permissible under the U.S. Constitution, were not permissible under the Michigan State Constitution, and ruled again in favor of the defendant -- in effect saying to Rehnquist, "If you won't protect our citizens, we will." A small number of states have since followed Michigan's example.
Mr. Taylor is an attorney with the Law Offices of Lawrence Taylor and author of the standard text on DUI litigation, Drunk Driving Defense, 6th edition.
The whole DUI stop deal is focked because drunk driving is such a huge problem and nothing seems to stop it.
The bars will actually spread the word on where the stops are.
I don't know how you stop it besides maybe 2nd offense, lose your car.
I don't even think that would work.:grumble:
I have seen them do stops on Gecko road but not on sand hwy,i guess because i dont use it much And if i did on sand hwy,what would stop me from just turning into the dunes and go around it? Its not like they could catch me anyway on those 4x4 farm implement quads they ride.Exactly. Depending on where they set up, a check point could go in easily.
You dont have to pay, its pretty much open desert. Most people camp in Dove Springs, and ride over to Jaw Bone to party/eat/drink at the Jaw Bone store. The have some killer tri-tip sammiches and live bands on the weekends.
So my guess they will set up on the main road between DS and JB.
Since its open desert, there are tons of ways to get around the main roads, but you need to get on em back at the store. Once your on the main roads, your screwed.
And as far as Glamis goes, they have been doin that same chit for years!!! They set-up on Sand Highway and the main road that goes back to the Beach Store from Olds. They see you turn out into the dunes, and they will be on your tail instantly. This why I camp where I do, deep in the washes, far away from the north/west sides of the dunes as i can possibly get.
I hope they have a copter,not one of those fat focks or their trucks or long wheelbase taildragger could touch meNo offense to the kind officers.they have upgraded there fleet jus a bit...
I hope they have a copter,not one of those fat focks or their trucks or long wheelbase taildragger could touch meNo offense to the kind officers.
Not that I would ever do anything like that
thats prolly the best handling sandrail out there today. im not sure id try to run from one!!
I dont do Boardmanville any more since "the incedent"
What is "the incedent"...sorry don't go to Glamis so just wondered..
I think the DUI checkpoint thing is unconstitutional period...definitely an erosion of freedoms....kind of like the cams here in phx...for profit, not for safety...
We were letting one of the kids drink a beer about a half hour before he turned 21 at midnight when the BLM Rangers came up behind him and he got pop'd.
The fact we had LEOs in the group didn't mean a thing to them.
But on the good side it's a $100 FEDERAL ticket that doesn't go on his record unless he doesn't pay it, and on top of that it would go to warrant as well.
With Federal budget cuts on the horizon they are very aggressive. It'd be real easy to eliminate BLM Rangers from the budget. I don't know anyone that would miss them.
DUI checkpoints we encounter are Twentynine Palms East of town,, Earp,, Channel Islands Harbor at the bridge and along Victoria in route back to the 101.
In Simi Valley they are usually in front of a big, empty Parking lot of a closed business.