Posted on 06/24/2002 5:27:15 AM PDT by 2banana
Encountering A Roadblock
(What to expect and how to handle the situation)
Roadblocks are usually established in locations that prevent easy avoidance, offer ample parking for interrogating suspected law violators and issuing tickets, and usually in places and during times that will not cause serious traffic tie ups, although there have certainly been exceptions. The stated purposes of roadblocks are usually legalized excuses to stop and scrutinize motorists for which there would otherwise be no reason to do so. These excuses include "sobriety checks," license and registration verification, possession of insurance, proof of citizenship, and seatbelt usage. The desired effect is to establish a sense of fear and intimidation among the population. The pity is that it works, as far as the "desired effect" is concerned.
Even if the courts disallow roadblocks for certain purposes, e.g. the recent cases prohibiting roadblocks from being used to identify drug users or couriers, the enforcement agencies just claim another purpose for the roadblocks and it's business as usual. The courts have gone out of their way to allow the police great latitude in what they can do, once they have you stopped and under their control.
The point of the above discussion is to suggest that you engage the roadblock process from the standpoint that the current courts find them legal and a legitimate law enforcement tactic. Therefore, there is little to gain by launching into a tirade over the constitutionality of roadblocks, at least while you are stopped at one. However, this is not to say that all your rights are null and void once you enter a roadblock.
First, the police do not have the authority to search you or your vehicle, not without probable cause, or at least reasonable suspicion, that you have, or are committing a crime. They may ask your permission for a search---which means they do not have legal grounds to force a search. Never permit a voluntary search of your person or your vehicle. The police may try to cajole you into permitting a search. The old ruse, "if you don't have anything to hide, why object to a search?" should be ignored, or met with a response that you value your right to privacy and do not consent to a search of your vehicle.
If, under any set of circumstances, the police force a search of your vehicle, assume the worse case scenario. If they can't find anything illegal in your vehicle, they will place something in your vehicle that will justify their search. This is a sad commentary on the state of affairs, but these events should be expected in a schizophrenic society that employs police state tactics to intimidate common citizens.
Often, an involuntary search is preceded by another form of search, the once-over by the urban myth known as the infallible drug sniffing dog. Old Bowser can be relied upon to find drugs anyplace the police want to find drugs. (Yes, the dogs can detect drugs, but they can be easily manipulated or tricked into "sensing" drugs where no drugs exist, at least prior to the roadblock stop.) Most people are so relieved to be allowed to leave after the harrowing experience of having their car ravaged that they never consider launching a civil suit against the police department.
If the police are persistent about searching your vehicle, you should be equally persistent in demanding that they specify what illegal item they are looking for and why they think you have it in your vehicle. If they cannot come up with plausible answers to these questions, they do not have legal grounds to even consider searching your car.
The courts allow the police to detain drivers for further interrogation, but not for indefinite lengths of time. The courts seem to tolerate 20 minutes of harassment and intimidation and consider that tolerable for a suspected criminal. However, unless you ask to leave, the courts have said the police are under no obligation to tell you can leave. You have to ask, "Am I free to go?" If the police do not have defensible grounds to further detain you, they have to let you leave.
There is no greater symbol of a society having lost its bearings than the "sobriety roadblock." It is universally admitted that roadblocks apprehend very few drunk drivers, far fewer than the same allocation of resources could apprehend during regular patrols. Again, the purposes are intimidation, using the stops as a pretence to look for other criminal activity, and to garner public relations points as a "get tough on drunk drivers" agency.
DWI roadblocks are usually set up at night and can be quite unnerving with the bright lights, orchestrated show of force, and flashlights thrust in drivers' faces. All the previous comments about searches are applicable to DWI roadblocks. Also, you should not allow any penetration of your vehicle's interior space, that includes sticking a flashlight (often contains an alcohol sensor) through your window. You can be required to show the usual documentation, such as your driver's license, but you do not have to open your window any further than the space to hand it out. You do not have to answer questions about where you have been or where you are going, whether or not you have been drinking or what items are contained in your car.
If you are ordered out of your car, lock the door behind you. You do not have to perform any feats of balance, answer quiz questions, or recite the alphabet. In fact we recommend that you respectfully decline to do any of these things. A so-called field sobriety test is conducted for one reason only---to develop probable cause to arrest you for drunk driving. You can not pass a field sobriety test, no matter how sober or gifted you are. If the police believe they have probable cause to charge you with drunk driving, they can coerce you to take some form of breath or chemical test to determine your blood alcohol content. You can refuse, but the penalties for refusal are often as severe as a DWI conviction.
When you are first approached at a DWI roadblock, open your window slightly and wait for the officer to make his statement or ask his questions. If he simply offers the canned explanation for the stop and asks to see your license, have it ready to hand to him. If he asks any further questions, you should politely decline to enter into a discussion. Something like; "officer, I really don't approve of roadblocks and I don't care to discuss my affairs" should suffice. If the officer persists, ask for the return of your license and ask if you may leave.
It's important not to answer any questions, no matter how harmless. Your willingness to answer some questions, but not others, will raise suspicion. Worse yet is to give incriminating answers to seemingly routine questions. If you set the stage in a manner that it is clear you are not going to answer questions, period, there can be no defensible reason for detaining you, based on what you said. Just answer every question with "I don't wish to discuss my affairs, may I leave now?" By law, you are not obligated to answer these kinds of questions and you cannot be detained because you refuse to chit-chat with the officers at a roadblock.
If you have the time, the courage, and the confidence to verbally express your displeasure with being stopped at a roadblock, please do so. It would be a nice change of pace!
The police love to report how grateful the citizens are and how motorists appreciate the presence of roadblocks, and how they complement the officers on "being out there and protecting us from the menace of (fill in the blank). This, of course, is largely propaganda. In 1939, the Jews in Germany probably said "thank you" when they were given their yellow stars. Groveling is an ancient response to intimidation by authority.
See the section on this site entitled "Eliminating Roadblocks" for information on how to deal with the violation of your rights at a roadblock.
We have an unusual form of it here during Spring Break. The locals don't really care about it that much as they despise "Spring Breakers" (You might also if they drove by and trashed your front yard with their empties and played their music with the bass turned up to bone-shattering decibels at 3 AM).
The law enforcement officers run their dog down the long line of bumper-to-bumper cars, moving at a max of about 5 mph when they're moving at all that forms each night. They make a bunch of drug arrests for the media to report, and the court turns them loose on constitutional grounds. The media hears about the arrests, but who checks court records to discover that few if any of the arrests actually 'stuck'? So everybody thinks "those guys are working their butts off,when actually their just trying to 'shoot fish in a barrel'(and still missing them if you count the court's releasing them)
This is like a scripted show that goes on regularly. (they do road blocks in the "off season")
I hate seeing law enforcement turn into a spin operation like this. I paid my way through college working as a patrolman and have the greatest respect for the profession. That is the very reason I don't like what I see happening now. Law enforcement agencies are playing to the media way too much. I couldn't respect myself if I were a part of that publicity scheme.
All of this is easier said than done. Some cops are wrapped pretty tight. If you say some of the things this guys suggests, they are going to grind down on you pretty hard. Galling as it may be, it is probably best to let them do their thing.
One time I left a club in downtown Atlanta and the cops were all over the street asking for ID's as soon as they knew which car was yours. I had everything in order, insuance card, license. The cop asked me where I was going, and one of the gals with me said, "we're just going up the street," so I said, "no, we are going to wind up in Norcross", which is 30 minutes outside downtown Atlanta. The cop seemed to appreciate that, and he let us go. I'd had 3-4 beers over time; I was okay to drive and legally okay, I feel.
Giving the cops a hard time is not a good idea. Better to write your legislators later.
Walt
Been there, done that, bought the T-Shirt.
Free Fire Zone
That's fine with me. But do you think the cops are going back to the station house and saying, "gee those motorists are so aggressive, we should probably back off in our tactics"? I doubt it.
Walt
But, don't unfasten your seat belt to get it out. In NC, I've heard of several men getting the 'click-it or ticket' seat belt violation when they unbuckle to extract the DL.
I was stopped at a roadblock in Apex about 10:30 PM, one night last week. Never did figure out what they were looking for.
I followed the advice of my instructor in my CCW class. I had my DL and CCW permit out, turned on my interior dome light and kept my hands at ten and two on the steering wheel.
The Apex cop took my documents and walked back to check my plate. He came back up, returned my docs and waved my through. He never said a word.
He probably disliked the entire thing just as much as you. There are quite a few good cops out there... the bureaucracy, the politician leadership, and the bad eggs have them just as obedient ('whipped') as they have us, though.
Furthermore, if you are coming back from dinner or a party and you had just one sip of beer or wine, you will be guaranteeing yourself a night in jail if you tell the officer that you have been drinking. That is a guarantee. In fact, you are in a no-win situation if you tell the officer you had something to drink. If you say you had one sip or one or two drinks, the cop will get suspicious and think you are being untruthful about the amount. You will be put through the full field sobriety test and the breathalyzer. Even if you pass the tests with flying colors, the police officer is still likely to take you into custody and impound your car because they do not want to be sued later on for harrassment. So they will say that you appeared drunk even though you passed all the field tests and that is all the justification they need. Once you enter the maw of the judicial system for a DUI, you are automatically assumed guilty. Your license to drive is immediately confiscated. Your name will be in the newspaper on the police blotters. You will very likely lose your job or damage your career EVEN IF you are acquitted later on. As soon as you are taken into custody for a DUI, the damage is done.
You can thank the kneejerk politicians and political action Nazis like MADD for this horrific situation. Thousands of innocent citizens are being railroaded every year due to these insane DUI laws.
If you want to catch drunk drivers, put the cops on the roads and let them pull over those who are swerving all over the road. They are easy enough to spot without entrapping innocent law-abiding citizens at these unconstitutional roadblocks.
Can you cite an example or two? Thanks in advance.
With the alcohol limit at 0.08% I'd advise anyone even driving by a tavern to hold their breath when passing! My Freedom is worth more than a couple of beers with friends at the pub. Then again, my Freedom has been lost, in that I risk incarceration for enjoying a few sips at a get together!
Jail the Drunks! Leave us responsible imbibers the hell alone!
Here in Washington state, an officer can arrest you for DUI for using over the counter medicine and driving. The use of any prescribed medication(!) is also admittable in the court here! Yeah, MADD, F you!
Does that qualify? I could add quite a few more.
Being the grump I normally am, I drove up to where the Sargent was standing and asked him to explain the procedures to me. He said they were just looking for DUI's to tag. I said "Tell the cop back there that cripples can drink and that's why most of us need our wheel chairs". Then I drove off and never looked back.
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