I Exercised My Rights and Spent The Night In Jail

[ShaneEnochs]

So there was a drunk driving checkpoint that I came up to last night. The cop stopped me and motioned for me to roll down my window. I did. He stuck the breathalizer in my face and said blow. I asked the cop if I was being detained. He gave me a weird look and said it was a checkpoint.

"Please blow, sir."

Me: "Do you have probable cause?"

Cop: "This is just a checkpoint."

Me: "If you don't have probable cause, and I'm not being detained, may I go?"

Cop: "I'm not going to ask you again, son."

I then exercised my right to remain silent and just smiled at him. He asked me to get out of the car, so I did. He asked me to put my hands on the hood of my car, so I did. Then I went to jail.

I overheard a couple of the cops asking each other if checkpoints were illegal. One said he didn't know, but "that guy seems like he knows something we don't." The last I heard of their conversation was them wondering if I was a lawyer.

At that point I fully assumed I was going to be let go, but they kept me overnight. The cell was so crowded that even while sitting down hugging your knees, at least three people were touching you.

Wasn't a very pleasant experience, but I thought i'd share my experience with you guys.

 

[kylejack]

Weird, they didn't try to do a blood test? You might could sue for unlawful detainment.

 

[LoneWolf]

Congrats. In a way its a proud moment.

 

[Bruno]

Bummer, but + rep for doing the right thing.

What was the charge?

 

[silk30]

Wow, grats man. It is one thing to speak of liberty and demanding your rights online, totally different to actually live it. Especially when it is just you, without your online supporters to back you. That took some serious balls. Thank you for standing up, and I hope i have your courage if ever confronted with a situation similar to yours.

 

[olehounddog]

Bummer, but + rep for doing the right thing.

What was the charge?

Best of my recollection is that here in NC you lose your license for 1 yr if you refuse.

 

[ShaneEnochs]

Bummer, but + rep for doing the right thing.

What was the charge?

They didn't charge me with anything, strangely.

And nope, no blood test.

 

[Bruno]

They didn't charge me with anything, strangely.

And nope, no blood test.

They should never be able to arrest someone without charges. That is harassment bullshit!

 

[Bruno]

Best of my recollection is that here in NC you lose your license for 1 yr if you refuse.

Is that not only with probable cause, though?

 

[Revolution9]

Kidnapping for ransom. File a civil suit against the officers.

Rev9

 

[olehounddog]

They didn't charge me with anything, strangely.

And nope, no blood test.

That is wonderful news.

 

[ShaneEnochs]

Wow, grats man. It is one thing to speak of liberty and demanding your rights online, totally different to actually live it. Especially when it is just you, without your online supporters to back you. That took some serious balls. Thank you for standing up, and I hope i have your courage if ever confronted with a situation similar to yours.

I gotta tell you, I was scared. Terrified. Something about that uniform is terribly intimidating. Right when I stopped talking, my mind started racing wondering if I had done the right thing. I could have just blown and gone on and slept in my warm bed. But I didn't. My fiance didn't understand my reasoning and she was a bit mad because I caused her to worry, but she's better now that I'm out.

 

[olehounddog]

Is that not only with probable cause, though?

Don't know, but I gonna find out.

 

[ShaneEnochs]

Best of my recollection is that here in NC you lose your license for 1 yr if you refuse.

Oh wow. I didn't even think about something like that. I don't know if we have the same law or not but thankfully I didn't lose mine.

 

[ryanmkeisling]

Kidnapping for ransom. File a civil suit against the officers.

Rev9

Call a lawyer on Monday or the ACLU.

 

[ShaneEnochs]

I just called the sheriff's office and they said they have no record of my arrest, nor my night in jail. I told them I was definitely arrested, and I was definitely in jail, and the woman said i'd just have to call back on Monday. I asked her why I'm not in the system and she said she didn't know and that i'd just have to call back Monday.

Wtf?

 

[ExPatPaki]

Did you by chance get the arresting officer's name and/or badge number?

 

[Pericles]

I just called the sheriff's office and they said they have no record of my arrest, nor my night in jail. I told them I was definitely arrested, and I was definitely in jail, and the woman said i'd just have to call back on Monday. I asked her why I'm not in the system and she said she didn't know and that i'd just have to call back Monday.

Wtf?

That is most likely a good thing - later in life, when asked, you can say "no I've never been arrested." However, you do have at least one witness to your detention, and I assume you personal possessions were inventoried and returned? Any further proof of your confinement against your will is useful.

ACLU is probably the best course - you played it about perfect as far as I can tell. If the ACLU wants to mount a challenge to checkpoints, this should be the prefect case.

 

[Shane Harris]

was there a sign that warned of a checkpoint and provided an alternate route? because my friend in pre-law said that thats the only constitutional way for them to have a drunk driving checkpoint. that way you have warning and an opportunity to take a different route? not saying i agree but thats the legal standpoint

 

[klamath]

Unfortunately you are going to have to take that to the supreme court and get them to reverse themselves...

The Michigan Supreme Court had found sobriety roadblocks to be a violation of the Fourth Amendment. However, by a 6-3 decision in Michigan Dept. of State Police v. Sitz (1990), the United States Supreme Court found properly conducted sobriety checkpoints to be constitutional. While acknowledging that such checkpoints infringed on a constitutional right, Chief Justice Rehnquist argued the state interest in reducing drunk driving outweighed this minor infringement.