Show of HandsShow of Hands

pinkyusuck July 8th, 2013 6:05pm

A Tennessee man was subjected to what he calls an unconstitutional search at a DUI checkpoint while participating in a planned exercise of his rights. Who was more in the right?

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badattitude no place like home
07/08/13 10:17 pm

Everyone should know that the Supreme Court applied the search and seizure laws of the high seas, that was used to catch pirates, to the inside of cars. They don't need cause to look in the cabin. But they do need cause to look in the trunk.

badattitude no place like home
07/08/13 10:17 pm

It's a wrong use if the maritime laws and it needs to be changed.

Jungle in the dog house
07/08/13 6:07 pm

The driver is at fault because at a traffic stop failing to follow a cop's instructions is a crime. I saw the video, and the cop was aggressive. If he had followed orders he might of had a case in court. He didn't and that trumps the cop's behavior.

pinkyusuck The Carribean. I wish.
07/08/13 8:19 pm

But the question then becomes, 'Is the law requiring compliance with any police directive just?'

pinkyusuck The Carribean. I wish.
07/08/13 8:20 pm

I say no. Any directive by any person, whether private individual, or President of the United States, which violates the Constitution demands civil disobedience. The police knew that they were on shaky ground, and then went ahead with the search.

rebelfury76 No Justice, No Peace
07/08/13 9:50 pm

1. The window was down, he had complied, just not to the cop's preference. Nothing wrong or illegal there.

2. Checkpoints are bullshît

EarlyBird Portland
07/08/13 12:25 pm

Why would somebody vote this question down?

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rebelfury76 No Justice, No Peace
07/08/13 12:31 pm

Because they suck the government's côck

pinkyusuck The Carribean. I wish.
07/08/13 1:21 pm

I dunno. I tried to make it reasonably unbiased. Oh well. Water off a duck's back to me. I post what I want. :)

EarlyBird Portland
07/08/13 1:42 pm

Good for you pinky!

Marcel94 Huntington Beach
07/08/13 3:19 pm

I have followers who vote my question down regardless of whether they think it's good or not

EarlyBird Portland
07/08/13 3:27 pm

Marcel - I know you do. I think tony purposely posted how we rate others polls so that people would be discouraged from down voting. I, personally wish the poll rating would go away.

Octopus
07/08/13 12:06 pm

The part of this I get tired of is when people purposefully act suspicious just to make an ass of the cops on film.

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rebelfury76 No Justice, No Peace
07/08/13 12:31 pm

"(He is) perfectly innocent and he knows his rights.”

Yeah, what an asshöle. Seriously? Someone stands up for their constitutional rights and you think they're wrong? But you probably thank the troops for fighting for "freedom" right?

WTF MURIKA

Octopus
07/08/13 12:43 pm

I don't understand where the hostility is coming from. I never said anyone who does this is an assh*le or in the wrong. I'm generalizing based on many of these videos I have seen: It's great if you know your rights and defend them; it's not great if

Octopus
07/08/13 12:45 pm

you set out to cause trouble on purpose, for instance you ACT intoxicated or suspicious just to be able to prove someone wrong in the end. It's just childish.

pinkyusuck The Carribean. I wish.
07/08/13 1:23 pm

I see it as a reasonable test of our law enforcement's knowledge of the Constitution, and their limits under it.
We cannot merely trust that those in authority have our best interests at heart.
We must trust AND verify by means such as this.

Octopus
07/08/13 2:59 pm

I understand that view, but it seems as if the goal is to make the police look bad either way. What is your viewpoint for if someone actually is driving under the influence? Should we still leave them alone, or find other means to enforce safety?

rebelfury76 No Justice, No Peace
07/08/13 3:45 pm

If someone is all over the road, pull them over.

Checkpoints are Gestapo bullshît.

There's a big difference between the two.

pinkyusuck The Carribean. I wish.
07/08/13 8:31 pm

@taylor, Most people do not drive at a sufficient B.A. level to be a danger to others. Those that do should be stopped based on their driving, or prior, definitive probable cause by the officer that they were intoxicated.

pinkyusuck The Carribean. I wish.
07/08/13 8:31 pm

@taylor, Most people do not drive at a sufficient B.A. level to be a danger to others. Those that do should be stopped based on their driving, or prior, definitive probable cause by the officer that they were intoxicated.

pinkyusuck The Carribean. I wish.
07/08/13 8:32 pm

If the person is falling down drunk, coming out of a bar, and getting into the driver's seat, pull them over. If they're weaving all over the road, pull them over.

pinkyusuck The Carribean. I wish.
07/08/13 8:32 pm

But a DUI checkpoint operates under the assumption of guilt until innocence is proven, and targets people, not based on their manner of driving, but on the sole fact that they happen to be driving at that particular moment.

pinkyusuck The Carribean. I wish.
07/08/13 8:33 pm

That runs directly contradictory to the rest of our legal system. Sure, it's more convenient for the officers to blanket the area and inspect everyone. But it's unconstitutional.

pinkyusuck The Carribean. I wish.
07/08/13 8:35 pm

And as for making the police look bad, that's not the goal. The goal is to exercise one's rights freely, and to continue to do so regardless of what anyone, police or otherwise, feel about you doing so.

pinkyusuck The Carribean. I wish.
07/08/13 8:38 pm

And there are good cops out there who handle things in a Constitutionally proper way. And they absolutely deserve recognition for that.

pinkyusuck The Carribean. I wish.
07/08/13 8:38 pm

Here's an example where I think police did their job, and stayed within the Constitutional limits while doing it: www.youtube.com/watch?v=v7UMdniHWkI&feature=youtube_gdata_player

rebelfury76 No Justice, No Peace
07/08/13 11:08 am

I'd like to see a video but its usually the cops in the wrong. DUI checkpoints are unconstitutional searches and should be illegal. Well, they are, they're unconstitutional, but cops can't be bothered by that.

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rory82 Virginia
07/08/13 5:29 pm

Great video, also great time to say I lost all respect for law enforcement!

pinkyusuck The Carribean. I wish.
07/08/13 8:52 pm

Unfortunately, TN cops have had several bad apples like this guy. At least, I hope they're just bad apples.