Rynie;4419017 said:you NEVER have to answer questions from cops.
BrAinPaiNt;4419032 said:I would imagine you are well within you rights to refuse to answer the question.
However all it takes is to say no and be on your way. I would not be shocked to find out the guy probably just shook his head no and then she said you can go.
Either way it is kind of a jerk move to pull on the officers.
I have been in some of these check points and just answer no and they just wave you on. You have to have some signs of alcohol before they would detain you.
Most of the time it has been at night and more often than not some of these check points are in colder weather so I try to make it pleasant on the officer with a simple answer or just a light hearted joke.
Once they had a weapons check point. Asked if I had any weapons in the car...I just said my Wife. The officer got a good laugh and while I was pulling away he told a fellow officer what I said and they were laughing.
These guys are just doing their jobs in these check points. Sometimes as part of training. They don't want to do it anymore than the people that have to stop at them.
No need to make it an act of showing how you will refuse to answer a simple question in order to exercise some thing you consider a right. Unless you reek of alcohol, have open containers in the car, slurring your speech or driving/acting eractic...a simple one syllable word "no" will get you through the check point quicker than going through the spiel that jerk in the video was doing.
CowboyMcCoy;4419086 said:It's the principle. If you want to pull me over and bust my chops about something I'm not doing, go ahead. The burden is on the police. We're innocent until proven guilty. They have to have probable cause. And not answering questions doesn't give them that. Most times, if you're not recording they'll arrest you and say you did something else anyway. I have a feeling that Sgt was a decent cop though and just knew the law.
CowboyMcCoy;4419086 said:It's the principle. If you want to pull me over and bust my chops about something I'm not doing, go ahead. The burden is on the police. We're innocent until proven guilty. They have to have probable cause. And not answering questions doesn't give them that. Most times, if you're not recording they'll arrest you and say you did something else anyway. I have a feeling that Sgt was a decent cop though and just knew the law.
CowboyMcCoy;4419086 said:It's the principle. If you want to pull me over and bust my chops about something I'm not doing, go ahead. The burden is on the police. We're innocent until proven guilty. They have to have probable cause. And not answering questions doesn't give them that. Most times, if you're not recording they'll arrest you and say you did something else anyway. I have a feeling that Sgt was a decent cop though and just knew the law.
Cythim;4419090 said:The Michigan State Supreme Court found that sobriety checkpoints violated the Fourth Amendment. However, in a split decision, the United States Supreme Court ruled that properly conducted checkpoints are legal, and reversed the Michigan Court’s decision.
The Supreme Court acknowledges that DUI roadblocks violate a fundamental constitutional right. However, Chief Justice Rehnquist argued in a majority opinion that sobriety checkpoints are justified because the state’s interest in reducing drunk driving outweighs the minor infringement on an individual’s rights.
http://www.duicheckpoints.org/legalitysobrietycheckpoints.html
Cythim;4419090 said:The Michigan State Supreme Court found that sobriety checkpoints violated the Fourth Amendment. However, in a split decision, the United States Supreme Court ruled that properly conducted checkpoints are legal, and reversed the Michigan Court’s decision.
The Supreme Court acknowledges that DUI roadblocks violate a fundamental constitutional right. However, Chief Justice Rehnquist argued in a majority opinion that sobriety checkpoints are justified because the state’s interest in reducing drunk driving outweighs the minor infringement on an individual’s rights.
http://www.duicheckpoints.org/legalitysobrietycheckpoints.html
Hoofbite;4419117 said:I was going to state my opinion but found this ruling to sum it up a little more nicely.
The30YardSlant;4419124 said:Yes, he was well within his rights to refuse to answer any and all questions from the officers. However, I will never understand people who are intentionally billigerent or act childish around respectful and reasonably nice officers just because they want to prove a point or have to "stick it to the pigs". If you have nothing to hide, just answer their questions and don't be a dick. They're just doing their job. You wouldn't treat a clerk who asked for your ID like that.
BrAinPaiNt;4419101 said:Principle schmiciple.
When I see a check point the only thing I am thinking about is trying to get through it so I can get home. I don't want some jerk with a complex trying to be super principle man in front of me and make me sit any longer in my car and keeping me from getting home quicker. Just say no and move on.
Seriously. The only good thing I can think of is if this guy gets pulled over for actually breaking the law (speeding, busted tail light, sticker that is out of date)...maybe one of the two cops will remember him being a jerk and instead of giving him a warning they go and give him a ticket.
Would serve him right since they are well within their rights to give him a ticket for breaking the law but many times would probably just give a warning.
If they are not acting like turds, don't be a turd yourself. I know just the other day I could have gotten a ticket, but I was respectful with the officer when I could have debated or been a jerk. So due to my respectful tone I just got a warning that even the cop said was nothing.
You don't always have to be a turd to try to make a point or stand on principles. Sometimes you should pick your spots when they are more important.
CowboyMcCoy;4419137 said:I respectfully disagree. Checkpoints are fundamentally and morally wrong within the underlying principles of our system.
BrAinPaiNt;4419139 said:I never argued that check points are right or wrong.
I argued that you don't have to be a turd while at one.
The quicker you say...NO...the quicker you move on.
If you would rather be selfish and take everyone else's time up by being a turd...be a turd.