What is the real purpose of DUI checkpoints?

[CLAX1911]

Yes they can with PC, state specific on PC and limitations, trunk, etc.

Implied consent laws in any state do not mean you must submit to a breath test on command, RS/PC must exist first, then refusal is trouble.

The PC has to be something you can articulate, but yes PC is plenty to search a vehicle. Reasonable suspicion can be the vehicle going over the lines on the road more than once, head lights not on. Failure to use a turn signal. Basically any car in the road has a reason to pull it over. Reason to suspect the driver ha been drinking. Smell of an alcoholic beverage on his breath. Empty containers.

By driving on Texas road ways you consent to sobriety testing. Breath tests are not admissible in courtbeing that they don't check for intoxication but blood alcohol level. Sobriety tests and intoxication tests are the only ones we use in Texas.

 

[Caine]

Agree, as the "automobile exception" comes into play. Now, in Ohio the "plain smell" doctrine and a MJ odor, gives police the right to search the passenger compartment, but not the trunk.

That is strange. In North Carolina, searching the trunk is allowed if supported by probable cause. Now a WEAPON frisk of a vehicle only covers the passenger area of the vehicle, as it is not a safety concern if there is a weapon in a trunk that is not accessible.

 

[lawboy]

By driving on Texas road ways you consent to sobriety testing. Breath tests are not admissible in courtbeing that they don't check for intoxication but blood alcohol level. Sobriety tests and intoxication tests are the only ones we use in Texas.

As I said, implied consent laws are not blank check to suspend license if a person rufues unless 724 is complied with, that is, arrested 1st.
If a person is 100 sober, for argument sake, how can they be arrested for DUI? Therefore, demanding they submit absent proper showing, is not an order the detainee needs to comply with.


Sec. 724.011. CONSENT TO TAKING OF SPECIMEN. (a) If a person is arrested for an offense arising out of acts alleged to have been committed while the person was operating a motor vehicle in a public place, or a watercraft, while intoxicated, or an offense under Section 106.041, Alcoholic Beverage Code, the person is deemed to have consented, subject to this chapter, to submit to the taking of one or more specimens of the person's breath or blood for analysis to determine the alcohol concentration or the presence in the person's body of a controlled substance, drug, dangerous drug, or other substance.

 

[lawboy]

That is strange.

THE STATE OF OHIO, APPELLEE, v. FARRIS, APPELLANT.

[Cite as State v. Farris, 109 Ohio St.3d 519, 2006-Ohio-3255.]

Criminal law — Search and seizure — Traffic stop — Incriminating statements made by defendant after Miranda warnings confirming statements made before warnings areinadmissible — Physical evidence seized as a result of inadmissible statements is also inadmissible — Odor of marijuana gave rise to probable cause for warrantless search of interior of vehicle but not its trunk.

 

[lawboy]

Basically any car in the road has a reason to pull it over.

I can not agree with that, at all.

 

[Wehrwolfen]

Yeah I disagree with all that. It is about public safety.

ll

Come on there's never a cop around when you need them. Their response time to crimes is abysmal most of the time. If they attempt to lower crime in high crime neighborhoods it's considered profiling.

 

[CLAX1911]

As I said, implied consent laws are not blank check to suspend license if a person rufues unless 724 is complied with, that is, arrested 1st.
If a person is 100 sober, for argument sake, how can they be arrested for DUI? Therefore, demanding they submit absent proper showing, is not an order the detainee needs to comply with.


Sec. 724.011. CONSENT TO TAKING OF SPECIMEN. (a) If a person is arrested for an offense arising out of acts alleged to have been committed while the person was operating a motor vehicle in a public place, or a watercraft, while intoxicated, or an offense under Section 106.041, Alcoholic Beverage Code, the person is deemed to have consented, subject to this chapter, to submit to the taking of one or more specimens of the person's breath or blood for analysis to determine the alcohol concentration or the presence in the person's body of a controlled substance, drug, dangerous drug, or other substance.

You have to have a reason to suspect them of being drunk. If they are 100% fiber than you probably have no reason to suspect they are drunk.

 

[CLAX1911]

I can not agree with that, at all.

Well by Texas traffic code the likelihood of a vehicle being 100% in compliance is very low. You can pull them over on some silly little thing.

 

[joko104]

Well there may be good news to this thing after all. :lol:

Update: DUI Checkpoints Net Many More Unlicensed Drivers Than Drunks

The CORRECTION at the bottom answers why:

CORRECTION: Only drivers with a suspended license have their cars impounded, not unlicensed drivers. Unlicensed drivers have their cars towed, but can retrieve it by showing registration, insurance and someone with a license. Novato Police collect $135 from the impound, while the storage facility and towing company keep the rest.

It does not go on to say if the person doesn't have the money to show registration and insurance, the car is sold and the police get the money after the towing and storage company gets their cut.

It's about getting $$ for the police and legal system. Increasingly, that is the purpose of the criminal justice system. Every possible way to get more money from people. They want everything you have.

 

[joko104]

ll

Come on there's never a cop around when you need them. Their response time to crimes is abysmal most of the time. If they attempt to lower crime in high crime neighborhoods it's considered profiling.

There's no profit in it. Rather it costs them money. Surprising any officers show up at all ever in some jurisdictions.

 

[Caine]

THE STATE OF OHIO, APPELLEE, v. FARRIS, APPELLANT.

[Cite as State v. Farris, 109 Ohio St.3d 519, 2006-Ohio-3255.]

Criminal law — Search and seizure — Traffic stop — Incriminating statements made by defendant after Miranda warnings confirming statements made before warnings areinadmissible — Physical evidence seized as a result of inadmissible statements is also inadmissible — Odor of marijuana gave rise to probable cause for warrantless search of interior of vehicle but not its trunk.

Interesting... how did Ohio courts justify that the trunk wasn't covered?

I've smelled marijuana from OUTSIDE of a locked vehicle (passenger area) with all windows rolled up before. Its potent ****... and can easily be smelled from its location inside a trunk.

 

[Caine]

There's no profit in it. Rather it costs them money. Surprising any officers show up at all ever in some jurisdictions.

lol....

You have no idea how wrong that statement is.

Take my old department for instance.....
The "bad neighborhoods" if you will, were in districts that were 5.5 square miles (Thats small) and had the same number of Assigned officers as the "Upper class" district that was 57.4 square miles.

More officers, smaller space.... able to do more to affect the qualify of life for all of those folks within that 5.5 square miles as opposed to my 57.4 square miles where I worked in the wealthy part of town.


So please, stop talking, you clearly don't have a clue just repeating the same old tired lies.

 

[radcen]

Interesting... how did Ohio courts justify that the trunk wasn't covered?

I've smelled marijuana from OUTSIDE of a locked vehicle (passenger area) with all windows rolled up before. Its potent ****... and can easily be smelled from its location inside a trunk.

That had been smoked, or was just there? It's been awhile since I cared enough to notice, but I would think that if it's packaged and being transported it wouldn't be strong enough to smell outside a closed window, and especially the trunk.

Just guessing, but I would think this line of reasoning would be why they excluded the trunk.

 

[lawboy]

That had been smoked, or was just there? It's been awhile since I cared enough to notice, but I would think that if it's packaged and being transported it wouldn't be strong enough to smell outside a closed window, and especially the trunk.

Just guessing, but I would think this line of reasoning would be why they excluded the trunk.

If you read the decision, it states that a smell from the passenger compartment indicates personal smoking, not that drugs are being transported in the trunk.

 

[lawboy]

{¶ 52} The odor of burnt marijuana in the passenger compartment of a
vehicle does not, standing alone, establish probable cause for a warrantless search
of the trunk of the vehicle. United States v. Nielsen (C.A.10, 1993), 9 F.3d 1487.
No other factors justifying a search beyond the passenger compartment were
present in this case. The officer detected only a light odor of marijuana, and the
troopers found no other contraband within the passenger compartment. The
troopers thus lacked probable cause to search the trunk of Farris’s vehicle.
Therefore, the automobile exception does not apply in this case.
{¶ 53} Accordingly, we reverse the judgment of the court of appeals.


http://www.sconet.state.oh.us/rod/docs/pdf/0/2006/2006-ohio-3255.pdf

"Generally" Ohio's S&S Clause is "co-extensive" with the 4th AM, however, there are a few exceptions.

For instance, Ohio does not follow the authority of Atwater where an arrest for a money fine only offense is permissable (statutory exceptions, such as refusal to sign a minor misdmeanor citation).

 

[Caine]

That had been smoked, or was just there? It's been awhile since I cared enough to notice, but I would think that if it's packaged and being transported it wouldn't be strong enough to smell outside a closed window, and especially the trunk.

Just guessing, but I would think this line of reasoning would be why they excluded the trunk.

It was a half pound just chillin' in a duffel bag that was unzipped. The driver was passed out at the wheel foot on brake at a stop sign for about an hour in a residential neighborhood (which is why we got a call about it).

And you can smell something from inside the trunk if it is a large amount of that something... come on.. haven't you ever had a gas can in your trunk for the lawnmower and you could smell it from the front seat?

 

[Hiram]

So I guess if Zimmerman's last name was Gonzales, it would not have been so racist?