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Tips When Dealing With Police

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You are approaching a Checkpoint. No problem, we have your back. We have some great videos that will have you ready for any check point. Plus we have tips below as well as things to remember.


First we will start off with some videos.

DUI Checkpoint Refusal Explained: Legal Survival Guide Ep 1

Field Sobriety Tests: Legal Survival Guide Ep 2

Are DUI Checkpoints Legal? Legal Survival Guide Ep 3

 

What to do if pulled over for DUI? Arizona Criminal Lawyer


 

Top DHS checkpoint refusals

Let's see some examples in action.

 


When it comes to checkpoints, you have rights. Let's examine them.

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.

Searches of Electronic Devices
The Ninth Circuit Court of Appeals recently ruled that Homeland Security border agents must have reasonable suspicion before they can legally conduct a forensics search of laptops, mobile phones, camera memory cards, and other electronic devices.

Unfortunately, this limited ruling still permits agents to conduct a “quick look” laptop search, such as asking you to turn on your laptop to peek at open windows. So always password protect your files before crossing the border. And, of course, never voluntarily give agents your password.

Checkpoints Near the Border

Be aware that DHS agents have recently set up constitutionally-questionable “security checkpoints” up to 100 miles inside U.S. territory. If you should drive into one of these roadblocks, you are not required to answer the agent’s questions (usually starting with “Are you a United States citizen?”). Nor are you required to consent to any searches.

Visit www.checkpointusa.org/blog to learn more about this program and check out the video below. By actively “flexing” their rights, these brave citizens expose the techniques DHS agents (and police in general) use to trick and intimidate citizens into compliance. Also take note of the practical necessity of flexing your rights repeatedly.

Drug Checkpoints (it’s a trap!)

The Supreme Court has ruled that random checkpoints for the purpose of finding illegal drugs are unconstitutional. However, some police departments have devised a deceptive method to work around and exploit this restriction. Here’s how their trick works.

Police departments sometimes put up signs warning drivers of upcoming drug checkpoints. (This alone is not illegal.) But they will not pull over people who go through a checkpoint – because there technically is no checkpoint. Instead, officers will watch for vehicles approaching the nonexistent checkpoint and pull over for vehicles who make illegal u-turns or discard contraband in order to avoid the fictitious “Drug Checkpoint Ahead.”

So if you see such signs, keep driving and don’t panic. If there’s a rest area following the sign, DO NOT pull into it. If you do, you might find yourself surrounded by drug-sniffing dogs.

Police departments, especially in the Mid-west, have been pushing their luck with this tactic, so if you encounter anything resembling an actual drug checkpoint, please contact that state’s ACLU Chapter. Similarly, if you’re arrested as a result of a real or fake “drug checkpoint,” you must contact an attorney to explore your legal options.

TSA Checkpoints

Be aware that Transportation Security Agency (TSA) agents –which are part of the Dept. of Homeland Security (DHS) – are permitted to search you and your belongings without probable cause or a search warrant anytime you pass through a TSA airport security zone.

The ACLU also keeps a Know Your Rights When Traveling page. It’s got handy tips for dealing with “spot interviews” and opting out of nude body scanners.

TSA’s Mysterious ID Requirement
Many folks are concerned about the TSA’s requirement that passengers show a photo identification before passing through security. Of particular concern, is TSA’s persistent refusal to release the text of the law that it uses to justify that requirement. For more on the sheer absurdity of the policy, read security expert Bruce Schneier’s interesting analysis.


Lastly, always film the police. Check the next portion for tips and rights involved in filming the police.

Filming The Police

YOU HAVE THE RIGHT TO FILM THE POLICE - In all 50 states except Illinois, you have the right to film the police during the course of their duties provided that you remain at a safe distance, do not physically interefere with their duties, be on public property or your own property, and if you are on private property, you must have the property owners permission. Police can NOT tell you to stop recording, the can not make you leave if other members of the public (without recording) are allowed to stay. They CAN order you to back up. If you are going to record the police, do it in an open and obvious manner. Under the 1st ammendment there are no circumstances where the contents of video or photographs should be deleted or destroyed. Source - Washington Post

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