Police stop drivers at roadblock - ask for hair, saliva, and blood

[Dave67h]

http://www.nbcdfw.com/news/local/North-Texas-Drivers-Stopped-at-Roadblock-Asked-for-Saliva-Blood-232438621.html

Completely voluntary except for the part where they force you into the parking lot and intimidate you with badges, guns, and dogs.

[Dave67h]

Looks like I posted this in the wrong forum , sorry. Could I pleas have a mod move it to Media?

[TwoSocks90]

This happened in Omaha near 90th & Fort a few weeks ago. My daughter called me late at night saying that someone was guiding traffic into a parking lot and there was no way to steer around it. The people there identified themselves as federal employees and were asking her to take a breathalyzer test and asking other questions. I called the police and they confirmed that there were two uniformed officers standing on the street, guiding cars into the lot, though in the dark late at night my daughter didn't know they were Omaha Police officers. The workers in the lot were not police but rather federal employees, asking 'anonymous' questions for their survey and offering cash for samples.

Disturbing.

[bkoenig]

The correct response:

"Am I being detained?  No?  I'll be leaving, then."

[NENick]

The correct response:

"Am I being detained?  No?  I'll be leaving, then."

Don't forget that you need your cellphone camera rolling. It'll be your only friend at the scene and in court.

Lord know, as soon as you say that, the officer's first thought will be - how dare you resist my orders.

[Dave67h]

So this is what one of the lawyer types on another forum posted.

"Hello Officer. *I see you are stopping me for either a routine document check or a DUI checkpoint. *I believe these to be an illegal infringement on my right to be free from being stopped absent probable cause. *Hence, I exercise my right to remain silent and have no intention of speaking to you about my travels or life today. *I will cooperate to the extent required by law and will provide you driver license, registration and insurance card upon request. *Thank you for understanding my concern for my rights."

He goes on to say:

Quote:
If you print them and use them - every time you hand one out you will be pulled over and be asked to search your vehicle, your person and will be asked to do a field sobriety test. *POLITELY DECLINE. *Make sure you are parked in front some patrol vehicle dash cam and fire up your cell phone video recorder. *After they detain you for 15 or 20 min they'll let you go - if you have the cojones file a complaint with the local police commission over the violation of your civil rights, do so. *These officers simply do not like being unable to obtain blind consent to their 'orders.'*

Look - I KNOW cops have to do these checkpoints - its their job. *They are NOT allowed to pull you over because you exercise your rights. *Police generally HATE people who take their rights out and use them - its makes their job harder. *It makes them have to do their job.*

The Supreme Court has said REPEATEDLY that refusing to cooperate with police at a DUI stop is NOT grounds for further detention and inspection. *They can detain you if you refuse to provide them your DL, reg and insurance card but refusing to speak to them is not inherently suspicious. *

[OnTheFly]

*They can detain you if you refuse to provide them your DL, reg and insurance card...

I am not an attorney, so I do not understand how they can legally pull you over with no reason and then you have to give them anything. It just doesn't make sense to me.

I am not anti-cop/authority.  I understand and appreciate the job the police are trying to do, but how is this legal?

Fly

[Dave67h]

I am not an attorney, so I do not understand how they can legally pull you over with no reason and then you have to give them anything. It just doesn't make sense to me.

I am not anti-cop/authority.  I understand and appreciate the job the police are trying to do, but how is this legal?

Fly

I'm not an attorney either, but my friend is  - I'll forward him your question.

[Neeco]

The Supreme Court has said REPEATEDLY that refusing to cooperate with police at a DUI stop is NOT grounds for further detention and inspection.

If this is the case, then why do so many people end up with DUI's?  If all you have to do is refuse to talk to them, and they will let you go in 20 minutes, everyone would be doing it (law abiding or not).

[Dave67h]

If this is the case, then why do so many people end up with DUI's?  If all you have to do is refuse to talk to them, and they will let you go in 20 minutes, everyone would be doing it (law abiding or not).

I believe he means a DUI checkpoint where they have no probable cause

[Neeco]

I believe he means a DUI checkpoint where they have no probable cause

As do I.  DUI checkpoints are HIGHLY effective.  If people only have to refuse consent, why are they so effective?

[Dave67h]

As do I.  DUI checkpoints are HIGHLY effective.  If people only have to refuse consent, why are they so effective?

People are gullible, do not know their rights, and will consent to anything an authority figure tells them to do. They are actually against Texas state law, which is why this surprises me so much.
 Someone with the right lawyers are gonna make a lot of dollars

[UPCrawfish]

Fort Worth Texas police chief now backing away from the actions of his patrolmen and vows to not cooperate with this activity again.  Reads like he got a lot of push back locally....

http://www.foxnews.com/us/2013/11/21/fort-worth-police-chief-apologizes-for-controversial-federal-highway-survey/?intcmp=latestnews

[Mntnman]

My research leads me to believe that a fairly high percentage of those who fight DUI charges from these stops end up winning. It is going to cost lots of $$, though.