I Exercised My Rights and Spent The Night In Jail

[ShaneEnochs]

Shane, first of all let me offer my condolences for what must have been a really miserable night.

Here's my unsolicited two cents:

While Klamath's post (#20) is correct and sobriety checkpoints have been deemed (quasi) Constitutional by the Supreme Court (lousy verdict, IMHO) I am not at all sure that what happened to you fits the bill. Remember, the Supreme Court said the checkpoints must be "properly conducted" - their words - and I *THINK* that the cops are still required to have probable cause in order to ask you to take any sort of sobriety test. Even at a checkpoint, they're supposed to notice things like slurred speech, the smell of alcohol on the breath, impaired movement, erratic driving, etc BEFORE they're able to force you into blowing into a BAC machine.

I would highly recommend calling the ACLU if you intend to pursue this matter. They'll have the legal firepower to follow up. Otherwise you're looking at thousands, or even tens of thousands of dollars in attorney's fees.

I can't help but wonder if the reason you're not "in the system" is that the cops realized belatedly that they crossed the line when they started shoving BAC machines into random car windows with the instructions to "blow." I wouldn't be surprised if your booking info has mysteriously vanished, and no one at the cop shop has any recollection at all that you were ever there. No victim, no case.

Let us know what happens!

The more I think about it, the more I think that they were just "trying to get rid" of me this morning. They unlocked the cell, called my name, gave me my stuff and escorted me out. I asked if that was it, and the cop said "yep" and closed the door behind him. It was very, very quick. Then there's the thing of them removing my information from the jail website. Not to mention them "not having any record" of me being there. I think they probably realized they screwed up somewhere along the line and were trying to get rid of me and erase the evidence that I was there before they got into trouble.

 

[seraphson]

Am I the victim of a conspiracy? o_o

NDAA. You stood up in the name of a highly suspect teeryest document, The Constitution. Off to gitmo for you!

In Korea, we have these checkpoints. They're ONLY for DUI. If you pass the breathe test, they don't care if you have NO LICENCE. They're checking for NOTHING but the DUI. Oddly, thought, the checkpoints disappeared. I've seen very few over the last few years.

*directed at the state* Maybe because if you're semi-popular everyone and their mother can use social networks to spam checkpoint locations in just a few seconds making them wholly a waste of tax payers' dollars.

 

[CCTelander]

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.

Silly Mundane.

You were actually laboring under the misconception that you had rights?

How quaint. /sarcasm

 

[Sola_Fide]

Badge of honor dude...

 

[Verrater]

Good for you, seriously. If everyone did this, it would stop immediately.

They can hold you for up to 24 without filing a charge and booking is not always required for a 24 hour hold. (i use to work in a jail)
It was basically a slap on the wrist for being in contempt of cop. They do it all the time, it's wrong but it happens.

 

[Seraphim]

No charge?

Sue. Take them to court.

They didn't charge me with anything, strangely.

And nope, no blood test.

 

[ShaneEnochs]

Good for you, seriously. If everyone did this, it would stop immediately.

They can hold you for up to 24 without filing a charge and booking is not always required for a 24 hour hold. (i use to work in a jail)
It was basically a slap on the wrist for being in contempt of cop. They do it all the time, it's wrong but it happens.

Ah, that makes a lot of sense in comparison to what happened. Maybe they took my info off of the jail website because they didn't charge me / officially book me.

 

[ShaneEnochs]

By the way, ten days ago this would not have happened. I watched a video someone here posted of a fellow that was stopped at an immigration checkpoint and did basically the same thing that I did (though they actually let him go). It inspired me to stand up for my civil liberties. Though I spent the night in jail, seeing the overwhelming positive response you guys have given me has been worth it. I hope that I've inspired you to stand up for your liberty as well should the need ever arise.

 

[Anti Federalist]

Is it just me, or isn't this a pure contradiction?

Nope, not you at all.

In fact, you, and all the rest of us, are the ones who are "reading it right".

It's the nine robed fascists that have gotten it all wrong.

 

[Brian4Liberty]

Shane, first of all let me offer my condolences for what must have been a really miserable night.

Here's my unsolicited two cents:

While Klamath's post (#20) is correct and sobriety checkpoints have been deemed (quasi) Constitutional by the Supreme Court (lousy verdict, IMHO) I am not at all sure that what happened to you fits the bill. Remember, the Supreme Court said the checkpoints must be "properly conducted" - their words - and I *THINK* that the cops are still required to have probable cause in order to ask you to take any sort of sobriety test. Even at a checkpoint, they're supposed to notice things like slurred speech, the smell of alcohol on the breath, impaired movement, erratic driving, etc BEFORE they're able to force you into blowing into a BAC machine.

I would highly recommend calling the ACLU if you intend to pursue this matter. They'll have the legal firepower to follow up. Otherwise you're looking at thousands, or even tens of thousands of dollars in attorney's fees.

I can't help but wonder if the reason you're not "in the system" is that the cops realized belatedly that they crossed the line when they started shoving BAC machines into random car windows with the instructions to "blow." I wouldn't be surprised if your booking info has mysteriously vanished, and no one at the cop shop has any recollection at all that you were ever there. No victim, no case.

Let us know what happens!

Yep, that's what I was thinking.

 

[AFPVet]

When I was a cop, some of them would book you on "probable cause" but no official charge which gave them a little bit of time (24 or 48 hours) to charge. The prosecutor didn't want them to do that anymore... I wonder why lol. It is a violation of rights and you should damn well sue for false arrest and imprisonment.

 

[Kylie]

+ rep to you, brother.

The more of us that do these types of things, the more the cops who conduct them will re-think their positions. They are just as dumb as the sheeple sometimes, and intellectually lazy(just taking orders). But what happened to you sounds so wrong that I cannot imagine that the ACLU wouldn't take this up.

On a side note, I can say that on Friday night, I met a cool cop. He had my husband dead to rights on a suspended license, plates, etc....and let him go. The cop knew before he even got to our car that his license had been suspended(it's actually not anymore, but the files haven't been updated in their systems yet[15-30days, and I think they all have those License plate scanners now]) but instead of breaking it off in him, the cop said "let your Mom drive the car the rest of the way, and don't drive this vehicle again until you get it cleared up".

We were on our way home from taking his mother to a Bob Segar concert(which was awesome, btw!) and I think the cop may have felt sorry for him being out with his Mom at 1:00am on a Friday night.

Either way, just wanted to say there was a cool cop this one time, and I met him.

Wish you wouldn't have had to spend the night in the drunk tank, but that's gonna happen when you stand up for your rights sometimes. Just remember, it could have been worse. They kill people and their pets for less.

 

[Stevo_Chill]

in some states, refusing the blow test is an admission of guilt. god bless amerika!

 

[cjm]

If anyone plans to challenge DUI checkpoints, please read this first: http://www.duicentral.com/dui/the_dui_exception.html

It's long, but worth the time if you drive. DUI checkpoints are constitution-free zones in the US.

 

[Stevo_Chill]

If anyone plans to challenge DUI checkpoints, please read this first: http://www.duicentral.com/dui/the_dui_exception.html

It's long, but worth the time if you drive. DUI checkpoints are constitution-free zones in the US.

constitution free zones stretch from sea to shining sea.
fyi,

 

[Travlyr]

Good for you OP.

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.

They are not constitutional rights. Rights are inherent. The Supreme Law of the Land trumps lesser laws.


https://www.youtube.com/watch?v=XBU9wT8xfOQ&feature=related
You don't need an attorney. Learn the law and represent yourself.

 

[Danke]

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

THIS. Next time never answer their questions, just ask questions and let them know you are charging (ex.$10,000 per minute) for your time until you are free to go.

It is all contract law.

Get them into your contract. 'cause that is exactly what they are doing to you, Reverse the tables.

 

[Feelgood]

Here in Florida, you agree when you sign for your license, to submit to breath or blood tests. Refusal causes you to lose your license for a year automatically. You might want to see if it is the same in your state or not.

 

[Chris Cash]

Don't waste your time with a civil suit, file criminal charges against the arresting officers personally as well as the department.

 

[Revolution9]

Don't waste your time with a civil suit, file criminal charges against the arresting officers personally as well as the department.

Civil suit pays and is easier to win than criminal charges. See OJ Simpson. He should go after the police department and the officer/s.

Rev9