DUI Checkpoint Refusal, Out of control cops!
The most the severe of the unreasonable search and seizure videos shown of the checkpoint refusal videos, in my opinion, was the one where the officers threatened to break the window of the man’s car, finally asking him for his identification, roughly handcuffing him, and then practically forcing him to participant in a sobriety screeningg.
I was astounded by the behavior of the officers in this video. The man rightfully refused to agree to the checkpoint stop as there was no probable cause to stop him in the first place. The officer’s consistently told the man that he had to answer their questions according to the law. The man refused to answer questions. The officers told the man to get out of his car. He refused so the officer’s said they will break his window and extract him from his vehicle. The man asked if he is being accused of a crime. The officer tells him he is being legally detained at a checkpoint. Yet, they tell the man he is not under arrest but will be if he does not exit the vehicle. Then the man is told he is not complying with a lawful order of a police officer. They asked the man if he had a valid California driver’s license. Finally, they ask him for a driver’s license, and the man provides the license. Ultimately, the man produces a Florida driver’s license. They take it from him and then make accusations about the license not being from California. The officers make threats about suspending his license. The officers then attempt to find reasons for which they can make him exit his vehicle. When the man does exit the vehicle, the others cuff him and appear to do it in a manner that is excessively rough. The situation continues and gets more ridiculous on part of the officers as on the part of the man.
What struck me most about this video is that I do not think the officers are even clear about the law and what rights an individual has to refuse to participate in a checkpoint stop. It seemed as though they would grasp at straws in attempting to answer the man’s questions about the stop and detainment. The other videos were similar in nature. The officers were not sure about the way in which to respond to those who were refusing the checkpoint.
I think in order to prevent situations like this, officers need to be more education on the law and what rights others have. I think every situation presented in these videos could have been much less intrusion if the officers actually know the law.
Checkpoints are constitutional so long as they are conducted with a neutral formula in determining who to stop. To ask to see a driver’s license and registration is not a violation of the Fourth Amendment so long as the individual is then allowed to proceed after a very brief stop. The Supreme Court has noted that the safety of the public allows for brief stops.
References
DUI Checkpoint Refusal, Out of control cops! (2015, June 5). Retrieved from You Tube: https://www.youtube.com/watch?v=Tb49GofWCmU&ebc=ANyPxKpmiR8PI-dVYKRbqyZXWywNC6pxuyMwcC8d_CpHFxYO1SNHW7Ny26b3XWTCCCQYt05Oigb9SY5zwoOawI4hwIr0N_oUYA
Rutledge, D. (2011). Vehicle Checkpoints. Retrieved from Police Patrol Magazine: http://www.policemag.com/channel/patrol/articles/2011/11/vehicle-checkpoints.aspx
