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What Are Your Rights At Checkpoints?
Flex Your Rights
There are four general types of checkpoints you might encounter: DUI checkpoints, US border checkpoints, drug checkpoints, and TSA checkpoints. In a legal sense, they are not all created equal. So depending on which one you encounter, you’ll want to be prepared to flex your rights appropriately.
DUI Checkpoints
Sobriety checkpoints — also known as DUI checkpoints — are the most common roadblocks you might encounter. They function as a general purpose investigatory tactic where police can get a close look at passing motorists by detaining them briefly. A roadblock stop is quick, but it gives police a chance to check tags and licenses, while also giving officers a quick whiff of the driver’s breath and a chance to peer into the vehicle for a moment.
Remember that your constitutional rights still apply in a roadblock situation. 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.
Since the Supreme Court’s ruling in Illinois v. Caballes police have more leeway to use drug-sniffing dogs in roadblock situations. There’s no need to waive your rights simply because dogs are present. But be advised that your legal options are limited if you’re arrested as a result of a dog sniff during a roadblock.
Also keep in mind that police closely monitor cars approaching the roadblock. So you’re not likely to have any success trying to evade it.
Sobriety checkpoints are generally permitted by the courts, but only if conducted properly. If you’re arrested at a police roadblock always consult an attorney before confessing or agreeing to a plea bargain. There might be some legal options that your lawyer can pursue.
US Border Checkpoints
Be aware that Customs and Border Protection (CBP) agents — which are part of the Dept. of Homeland Security (DHS) — are permitted to search you and your belongings at the U.S. border without probable cause or a search warrant. So anytime you cross the border, you consent to a search.
CBP may generally stop and search the property of anyone entering or exiting the U.S. If agents have reasonable suspicion to believe you’re concealing contraband, they may search your body using pat-down, strip, body cavity, or involuntary x-ray searches.
Don’t kid yourselves. You have no substantive rights when confronted by the law enforcement officers. Try and demand them, and you will be beat senseless.
So true, if there is a checkpoint, your rights are already gone.
The police-state checkpoints operate on the premise that you are guilty until proven innocent to the satisfaction of the police that forced you to stop. You have no rights. If you think you are free, then drive on by while waving at the friendly officers and you will see how free you really are.
showvus yul papvers.
The rights at checkpoints are: if you are an American, bend over and don’t complain. My friends, America is done and dusted. We have given them rope and they are hanging each other. Pretty soon China will take over America with not a shot fired. The next president will be a chinaman. Mark my words! NWO
The problem of that is the US may come out of it all a better country, look what happened to Japan postwar. Debts forgiven, minimal defense spending, access to the worlds largest market. Same with Germany.
But neither country could fart without the USA or the UN saying it was ok…….just remember, they may have come out a better country, BUT another country WILL control We the People and THEY will tell us what are laws will and will not be, just as we did to both Germany and Japan……Japan should be the bigger one we should look at…..since they still to this day, depend on the USA to protect them, and help them……
It’s interesting when I was a teenager years ago I had vivid dreams of the entire US becoming a prison. There were check points everywhere. And everyone had micro chips in their hands. To pass between states you had to go through check points and place your hand on a machine that scanned you to move from region to region. I remember seeing Chinese solders with machine guns holding Americans in detention camps. I was lucid in the dream and was walking around observing in total disbelief! I first thought I was in some terrible communist country like China but as I looked around I realized I was in my own country! Years later everything I thought was just a vivid sci-fi nightmare is actually coming true. If American`s don’t wake the f up soon the US is going to look like something out of George Orwells 1984 or worse!
Who is writing this stuff? Any type of stop by police that is not a stop because they caught you speeding or weaving all over the road because you’re drunk is ILLEGAL !
The Fourth Amendment is clear about our god given rights:
“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.”
Road blocks and arbitrary searches ARE UNCONSTITUTIONAL. We don’t care if they do catch someone on these fishing trips. This is Socialistic Tyranny, and Americans should fight back about this issue with everything they have at their disposal.
Cops lie all the time about “Probable Cause”, which has been proven when a dog barks at a vehicle and no contraband is found. Probable Cause is an arbitrary vehicle they use to do whatever they want, and unless you lay down like a whipped slave, they will beat you into submission just to satisfy their false position and assumptions.
It is time for Americans to stand up against our developing Stasi police state, whose thugs are more like the German Gestapo, or Spain’s La Guardia. To do and say nothing when being enslaved, is to give tacit approval.