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You Have the Right to Remain Out of Jail - Valuable Infographic

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A note on the false drug checkpoint.

I have heard cops will do this and then have drug dogs patrolling the rest stop parking lot for people that pull off.

We all share this eternally evolving present moment- The past and future only exist as inconsequential mental fabrications.

DUI stop is legal?

that was surprising to me.

Me too.

Who knew?

Here's the skinny, from Wikipedia:

Driving under the Influence of alcohol is a special type of crime, as driving with a blood alcohol content (BAC) over a set limit is defined as the crime; it is not necessary to drive recklessly or cause an accident in order to be convicted. To determine BAC accurately, it is generally necessary for the driver to subject himself to tests that are self incriminating, and drivers sometimes exercise their right against self incrimination to refuse these tests. To discourage this, some jurisdictions set the legal penalties for refusing a BAC test to equal or worse than those for a failing a BAC test. In other jurisdictions, the legal system may consider refusing the roadside alcohol breath test to be probable cause, allowing police to arrest the driver and conduct an involuntary BAC test. The Michigan Supreme Court had found sobriety roadblocks to be a violation of the Fourth Amendment. However, by a 6-3 decision in Michigan Dept. of State Police v. Sitz (1990), the United States Supreme Court found properly conducted sobriety checkpoints to be constitutional.

In the majority opinion, Chief Justice Rehnquist wrote, "In sum, the balance of the State's interest in preventing drunken driving, the extent to which this system can reasonably be said to advance that interest, and the degree of intrusion upon individual motorists who are briefly stopped, weighs in favor of the state program. We therefore hold that it is consistent with the Fourth Amendment."

Dissenting justices argued against this conclusion. Justice Stevens argued that the checkpoints were not reasonably effective, writing that "the findings of the trial court, based on an extensive record and affirmed by the Michigan Court of Appeals, indicate that the net effect of sobriety checkpoints on traffic safety is infinitesimal and possibly negative."

Further, Justice Brennan in his dissenting opinion argued that the police had failed to show that the checkpoint seizures were a necessary tool and worth the intrusion on individual privacy. "That stopping every car might make it easier to prevent drunken driving...is an insufficient justification for abandoning the requirement of individualized suspicion," he insisted.

Jurisdictions that allow sobriety checkpoints often carve out specific exceptions to their normal civil protections, in order to allow sobriety checkpoints. Although the U.S. Supreme Court has found sobriety checkpoints to be constitutionally permissible, ten states (Idaho, Iowa, Michigan, Minnesota, Oregon, Rhode Island, Texas, Washington, Wisconsin, and Wyoming) have found that sobriety roadblocks violate their own state constitutions or have outlawed them. One other state (Alaska) does not use checkpoints even though it has not made them illegal.[12] Montana uses checkpoints frequently.[13] Some states combine their efforts in setting up sobriety checkpoint initiatives, such as Checkpoint Strikeforce, jointly run by Virginia, Washington DC, Delaware, West Virginia, and Maryland[14]

thanks for the details

i still shouldn't have to produce my ID though (or my name). I'm sure the police see this is "just making trouble"

Don't fall for the "just making trouble"

Every police department has its legal counsel that issues advisories about what they cannot do. If you don't want to produce ID, research your state's laws (since each one is different) and keep a copy in your car. You have to do this because the police will typically quote the part of the law with the highest obligations even though the situation is not the same (eg criminal offense vs motor vehicle infraction).

It may not be lawful,

but the court has upheld it as legal.


Thanks to the paralegal people for making that!

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The Diamond Dog is a real cool cat. | Reporting on the world from an altitude of 420.