Sobriety Checkpoints
Cruiser
Joined: Jun 2008
Posts: 140
Likes: 0
From: Missouri
Great, they break the law to make sure we don't.
Where is the "Reasonable Suspicion" we are pulled over for?
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
Where is the "Reasonable Suspicion" we are pulled over for?
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
The "Reasonable suspicion" derives from this dialog;
Good evening sir/ma'am, I'm Officer So-and-so from the Wherever Sheriff's department. Where are you heading this evening? I'm just on my way home officer. Have you been drinking this evening Mr Whomever? I had a drink/beer at dinner (or maybe you say) I've had a couple of drinks. You have just allowed that officer to determine your level of impairment because you have admitted to drinking, and now you are observed to be driving. That officer is "assuring the safety of the motoring public" by removing intoxicated drivers. There are a number of reasons why a person may have bloodshot eyes, have a slight slur in thier speach or fumble through thier wallet/purse for a driver's license. But once you have answered the "Have you been drinking tonight" with an admission, and you add that to any of the aforementioned oservations, you are going to get pulled to the side. If you don't admit to drinking, then he/she will tell you to have a good evening!
Last edited by shooter537; Jul 23, 2009 at 07:17 AM.
Outstanding HDF Member
Joined: May 2007
Posts: 2,673
Likes: 16
From: Norfolk, VA
The "Reasonable suspicion" derives from this dialog;
Good evening sir/ma'am, I'm Officer So-and-so from the Wherever Sheriff's department. Where are you heading this evening? I'm just on my way home officer. Have you been drinking this evening Mr Whomever? I had a drink/beer at dinner (or maybe you say) I've had a couple of drinks. You have just allowed that officer to determine your level of impairment because you have admitted to drinking, and now you are observed to be driving. That officer is "assuring the safety of the motoring public" by removing intoxicated drivers. There are a number of reasons why a person may have bloodshot eyes, have a slight slur in thier speach or fumble through thier wallet/purse for a driver's license. But once you have answered the "Have you been drinking tonight" with an admission, and you add that to any of the aforementioned oservations, you are going to get pulled to the side. If you don't admit to drinking, then he/she will tell you to have a good evening!
Good evening sir/ma'am, I'm Officer So-and-so from the Wherever Sheriff's department. Where are you heading this evening? I'm just on my way home officer. Have you been drinking this evening Mr Whomever? I had a drink/beer at dinner (or maybe you say) I've had a couple of drinks. You have just allowed that officer to determine your level of impairment because you have admitted to drinking, and now you are observed to be driving. That officer is "assuring the safety of the motoring public" by removing intoxicated drivers. There are a number of reasons why a person may have bloodshot eyes, have a slight slur in thier speach or fumble through thier wallet/purse for a driver's license. But once you have answered the "Have you been drinking tonight" with an admission, and you add that to any of the aforementioned oservations, you are going to get pulled to the side. If you don't admit to drinking, then he/she will tell you to have a good evening!
I was pulled to the side for refusing to answer the questions. I am sure if I pushed the issue the officer would have just said he smelled what he thought was alcohol. Making friends and influencing people as usual. It would have been easier on all of us if I had just answered the questions and gone on my way. But, I just cannot do it.
Seasoned HDF Member
Joined: Oct 2008
Posts: 7,652
Likes: 4,891
From: Missouri City,TX
Cruiser
Joined: Jun 2008
Posts: 140
Likes: 0
From: Missouri
I totally agree!
I was merely trying my best to explain the reasonable suspicion question. I am by no means a hypocrite and don't condone drunk driving. I also live by the rule of "Two wheels' two beers". I don't know that I've ever been through a check point while riding, but I would never worry about a dui/dwi when I am.
I was merely trying my best to explain the reasonable suspicion question. I am by no means a hypocrite and don't condone drunk driving. I also live by the rule of "Two wheels' two beers". I don't know that I've ever been through a check point while riding, but I would never worry about a dui/dwi when I am.
Ultimate HDF Member
Joined: Nov 2007
Posts: 6,975
Likes: 12
From: NJ
Wish they had them more often here. Once in a blue moon during a holiday weekend. When it comes down between inconveniencing a motorist for a couple minutes and saving lives, especially young lives, I'll go with the inconvenience every time.
People who bitch about their so called privacy rights should have to view the carnage drunk drivers cause or go along with an officer as he delivers the news to a parent that their precious child won't be coming home because some mfer with privacy rights killed them.
People who bitch about their so called privacy rights should have to view the carnage drunk drivers cause or go along with an officer as he delivers the news to a parent that their precious child won't be coming home because some mfer with privacy rights killed them.
Road Master
Joined: Aug 2007
Posts: 1,091
Likes: 2
From: Northeast Wisconsin
I live in WI, probably the state with the worst drinking/driving problem. Is it more American to have people die daily because of drinking/driving? What ever it takes to convince this country it's NOT OK to load up on booze and then drive is OK with me.
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Outstanding HDF Member
Joined: Mar 2008
Posts: 2,666
Likes: 1
From: East TN
I am not advocating drunk driving, but my take on this entire mess is this. If you cause a wreck, what difference does it make how you caused it? If I rear end you while not having my full attention to my driving not much is going to happen. If I rear end you and cause the same damage but have been drinking, well all hell is going to break loose.
I feel that the penalty should be the same for the same result. Regardless of how you arrived at that result.
There was a kid that killed three people while text messaging, his penalty. He was on Oprah saying how bad text messaging was. Try and get that penalty if you had a drink.
I feel that the penalty should be the same for the same result. Regardless of how you arrived at that result.
There was a kid that killed three people while text messaging, his penalty. He was on Oprah saying how bad text messaging was. Try and get that penalty if you had a drink.
As for the check points...technically speakin, I think they violate the "probable cause", "reasonable suspiscion", or whatever it's called clause. To me, it's like pickin a street, and then goin door to door demandin to interview private citizens and search their homes, regardless of whether they've done anything to provoke such an act. How many of us would tolerate that? And, before anyone gives me the "drivin is a privilege" horse hockey...so is ownin a home.
Outstanding HDF Member
Joined: Jul 2007
Posts: 2,139
Likes: 0
From: PA.
Wish they had them more often here. Once in a blue moon during a holiday weekend. When it comes down between inconveniencing a motorist for a couple minutes and saving lives, especially young lives, I'll go with the inconvenience every time.
People who bitch about their so called privacy rights should have to view the carnage drunk drivers cause or go along with an officer as he delivers the news to a parent that their precious child won't be coming home because some mfer with privacy rights killed them.
People who bitch about their so called privacy rights should have to view the carnage drunk drivers cause or go along with an officer as he delivers the news to a parent that their precious child won't be coming home because some mfer with privacy rights killed them.
This is where america is gonna run into trouble one day. When you push the common man, they will push back with revolution!
The Police think they have trouble now, when just the criminals want to shot at them. What ya gonna do when everyone wants to shot at ya???
This has happened in american history more then once and you know what they say about history, it's bound to repeat itself! especially when we don't learn from our mistakes!.
