Sobriety Checkpoints

Discussion in 'Brown Cafe Polls' started by over9five, Nov 8, 2013.

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Should the State be able to detain you without cause?

  1. Yes

    1 vote(s)
    5.9%
  2. No

    16 vote(s)
    94.1%
  1. over9five

    over9five Moderator Staff Member

    About 20 minutes ago (2:20am), I was stopped at a sobriety checkpoint. It was a big event, cops everywhere, cones down the street, spotlights, a command center. They were checking everyone who came down that street.

    I got right through it, the trooper looked at my uniform and said "Just get out of work?"
    "Yup"
    "You're all set" he says and yells "He's all set" to the next trooper.

    My poll question is:
    Should the State have the right to detain you (even for a minute) when you've done nothing wrong?
     
  2. bbsam

    bbsam Moderator Staff Member

    Are you trying to get rid of the TSA or something?
     
  3. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    Your poll question is too general. My first thought when I read it was being pulled over for no reason (profiling?) but once I read your text I understood where you were going with this.

    Yes. I would much rather be briefly inconvenienced then to be killed by a drunk or distracted driver. What I don't like is when they set up these checkpoints within visual distance from a popular drinking establishment-----entrapment?

    Our local police will set up checkpoints to conduct vehicle safety inspections (lights, signals, etc), seat belt and cellphone use, along with sobriety checkpoints. They will position additional officers on side streets to catch those drivers who try to avoid having to stop or are foolish enough to do a U-turn when they see the checkpoint.

    The Border Patrol used to set up a checkpoint on I-87 (Northway) near the North Hudson rest area. All traffic would be stopped and BP officers would ask a series of questions. The checkpoint was controversial from the moment it started and turned fatal when a distracted tractor trailer driver plowed in to a line of stopped cars. The checkpoint, which had minimal success, has been shelved for the moment.
     
  4. upschuck

    upschuck Avatar bet gone wrong


    I would rather them do the checkpoint in the parking lot if they could. Less danger to my kids, my wife, or any of my friends. If they are drunk, and behind the wheel, even with out the vehicle running, it is still considered drunk driving. Last thing I'm worried about is a drunk driver being "entrapped".
     
  5. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    Setting up a sobriety checkpoint in the parking lot of an establishment that serves alcohol would clearly be entrapment.
     
  6. upschuck

    upschuck Avatar bet gone wrong

    Yeah, I know. If there were a cop outside each bar, just think how many more cab companies would be in business. I've been a designated driver before, as well, maybe people would plan a little ahead.
     
  7. over9five

    over9five Moderator Staff Member

    Not the same. If I don't want to got through their checkpoint, I don't book a flight.
    ​I was driving down a street and had no choice but to go through the checkpoint.
     
  8. bbsam

    bbsam Moderator Staff Member

    It is the same in that the search is being done in the course of normal activity without any observed or reasonably perceived criminal activity.
     
  9. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    We had a retirement party for our on-car last summer at a local waterfront watering hole. I was amazed at the number of cabs that kept coming and going. Truth be told, I probably should have called one myself that night.
     
  10. over9five

    over9five Moderator Staff Member

    Good answer, thank you.

    I'm going to have to go the other way though. I feel this gives the State too much power. They stopped me on a public street even though I was breaking no laws. My rights as a free man (at least what few rights we have left) are more important.
    I have no problem with them stopping speeders, or people weaving in traffic. But I do take issue with being detained just because they have the power, but no reason, to do so.
     
  11. upschuck

    upschuck Avatar bet gone wrong

    I don't like them, but I guess they serve a purpose. Never been through one in the states, so don't have experience, but a little inconvenience to save someone's life doesn't sound bad to me. Depends how far they go, and how long the wait.
     
  12. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    We have them quite often here. Hell, they even announce they are going to have them and people still get pulled over.
     
  13. upschuck

    upschuck Avatar bet gone wrong

    I guess they are only after the dumb drunks. lol
     
  14. over9five

    over9five Moderator Staff Member

    Was thinking about this. Wasn't there a case where a driver did just that, and the police went after him and pulled him over. I believe he was DUI, but the court threw the case out because the police did pull him over without cause. You have every right to turn around, and that was the only reason they pulled him over.

    At the checkpoint I was at this morning, there was no chance to turn around, no way to do it by the time you knew it was a sobriety checkpoint. It was a two lane each direction road, and the first thing you saw was a sign saying "single lane ahead". My first thought was road construction. Then you were into the cones, and passing troopers directing you where to go.
     
  15. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    Each fall and spring the state police set up a roadblock just outside the entrance to our local community college. It is a two lane state highway. It is flat so you can see the roadblock from about a half-mile or so away. They set it up primarily to make sure the college kid's cars were registered, inspected and all of the lights were working properly. They would put officers on side streets and, yes, they can pull you over for avoiding a roadblock.
     
  16. over9five

    over9five Moderator Staff Member

    A quick search did not get me the story I was looking for, BUT I did find several states REQUIRE an area to turn around before the checkpoint if you don't want to go through.
    ​New York and Mass were not one of those states...
     
  17. over9five

    over9five Moderator Staff Member

    DUI checkpoints are not conducted in the following 11 states because they are either considered illegal by law or state constitution, or the state lacks authority to conduct them:
    • Alaska
    • Idaho
    • Iowa
    • Michigan
    • Minnesota
    • Oregon
    • Rhode Island
    • Texas
    • Washington
    • Wisconsin
    • Wyoming
    - See more at: DUI Checkpoints - FindLaw
     
  18. oldngray

    oldngray nowhere special

    No turn arounds in Ohio. And if you try a U turn to avoid a checkpoint the cops will nail you.
     
  19. toonertoo

    toonertoo Most Awesome Dog Staff Member

    Yes they will, for sure.
     
  20. soberups

    soberups Pees in the brown Koolaid

    "Should the state be able to detain you without cause" is an inaccurate way of wording the poll.

    Obviously I believe that the state should not be able to detain you without cause...but by the same token, operating a motor vehicle on a public road is a privelege not a Constitutional right.

    My state has an "implied consent" law which means that you can be compelled to take a Breathalyzer test, and refusal to do so means an automatic one-year suspension of driving priveleges. I see DUII checkpoints as being much the same thing. A person who chooses to drive a car on a public road agrees to follow certain rules and restrictions in exchange for that privelege.

    Should checkpoints be allowed for people who are walking down a public street and not otherwise behaving in a manner that shows probable cause of criminal activity? No. Should DUII checkpoints be allowed for people who are exercising the privelege of operating a motor vehicle on a public street? Yes.