Forum Post: I just got pulled over at a DUI Checkpoint about 11:24 PM September 3
Posted 12 years ago on Sept. 4, 2012, 3:51 a.m. EST by MattLHolck
(16833)
from San Diego, CA
This content is user submitted and not an official statement
I just got pulled over at a DUI Checkpoint about 11:24 PM september 3
I had been walking in Pacific Beach, San Diego to the ocean and back to my friends housepracticing singing the Ode to Billy Joe
when I got to my friend house I walked the dog and sang the Ode twice more
then I git in my 2 door red car to drive home
going Grand avenue I noticed the lanes were controlled and the cars came to a stop at Mission Bat Highschool
I slowed evenly and came to a stop
at this point, I realized I was at a sobriety check point so I rolled down my window to talk to the officer
he said hiis name was Officer Welch
told me I was at a check point I told me to follow his finger with my eyes without moving my head
as he purposely moved his finger out of my peripheral vision
when he did this I looked into his eyes with exasperation
he told me if I couldn't follow his finger he would pull me out of a sobriety check
well I tried but he move his fingers out of my peripheral vision again
Officer Welsh(never got a first name) then asked my to step out of my car
I complied and another officer drove my car out of the controlled lane
The officer asked for my drivers licensee and held onto it
He asked me to follow him and started walking to the Mission Bay High School Parking lot
I stopped to tie my show, he waited
The Officer directed my to go places with his flash light and berated my for not following directions
as I complied to the best of my ability(the officers directions where not that concise)
and he used this to tell I was not following his directions clearly
He asked if I was nervous and I said ofcourse I had been pulled out of my car for I sobriety check
Once we got to the parking lot. he told me he didn't like my attitude and asked if I liked to talk to the chief at the site
I had him bring the chief over
I told the chief I did not trust the police because years earlier my car had been confiscated trumped up charges
by the san diego police
I chief told me this was a sobriety check point and had nothing to do with the prior incident
I explained I told the story so officers would understand my distrust
Then the sobriety check began
he did the impossible follow my finger test again
I had to recite the alphabet with out singing it so a choose an exact rhythm and monotone
then I did the same count backwards from 75 to 55
He had me close my eyes and tilt my head back enough to disrupt my balance and count 30 seconds silently
I thought I was counting fast so counted to 35 which turned out to be 35 seconds
he than had my stand on one leg with my other leg in lift off the ground in font of me and count to 30
I was very nervous and could not sill my center and only manged to keep my leg up of 20 seconds
(how embarrassing but still an imposble task for most)
I asked if I could try the other leg and he said only one leg was allowed
I then walked a white painted parking lot line heel to to 7 steps pivot and walk back 5 steps
I managed hat tasked with some grace but still nervously
he then asked my to take the breathalyzer test and said I didn't have to
ofcourse, I wanted to take it, I had half a bear 4 days ago
He explained I would take it twice for verification
I took it once and he said I second test was unnecessary
He went to get my keys but they had been given accidentally to another testee who eventually returned to get his keys
I drove home
Check points are a violation of the 4th amendment.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Good Post
makes sense
The courts have decided this issue. The key word in the fourth amendment is unreasonable, on balance the threat from drunk driving outweighs the possible infringement on rights.
The key word is probable cause. Because some choose to drive drunk does not give the right to search all for this crime.
Because some possess illegal weapons in their homes, should all houses be searched for illegal weapons?
Probable cause does not apply only to the issue of warrants, but to the justification for any search.
This has nothing to do with guns. The DUI checkpoints have been deemed constitutional. It isn't your opinion or mine that counts on this, it's the opinion of the courts.
Even from MattLHolck's description of events the police seemed to follow a set procedure in questioning him. It doesn't read as though rights were violated at all.
If the example of searching for illegal weapons within everyone's house is unconstitutional, then the same type of reasoning they use to justify the search of your person is also unconstitutional.
Even the Supreme Court is divided in it's decisions. A single vote often determines justice or lack of it. Justice Robert's recent ruling that a fee is a tax shows the ineptitude of the court in determining the most basic matters within cases.
You're making an apples to oranges comparisons bringing guns into the mix. Living in your own home is not the same as exercising the privilege of driving. In searches of the home the court has been consistent about requiring a warrant and having probable cause.
While I agree with you on Robert's recent decision that isn't relevant either. Under our system if the court says something is constitutional it is, unless and until the issue gets revisited at some point in the future.
Incorrect sir. We start with everything accept harm to another as our rights, and from there they are limited. Re-read the constitution, preamble, bill of rights. In Louisiana, cars are a legal extension of your home.
Yet DUI stops are considered legal. In this area the constitutional interpretation made by you or I is no longer relevant. The courts have rightly or wrongly decided what the law is.
They have the right to regulate.
Our right to unreasonable search does not end when we leave our homes. Driving a vehicle does not constitute an invitation to search. Probable cause does.
The law is an ass sometimes and in this case it burro-s into our most basic constitutional rights. In the name of public safety, civil liberty is crushed as government comes one step closer to crushing all liberty.
In many states your license to drive is suspended if you refuse to incriminate yourself with a blood sample too. I don't doubt you may have a good point, it's simply that it doesn't matter. As far as the law is concerned DUI check points are constitutional.
It's not as if we are made powerless by the supreme court decision. We can still petition our local governments or replace them to end these abuses of authority.
It was clear that I was not drunk
It's clear that our government structure is drunk with power.
I don't have the "correct" sheep response
Exactly. The few bad cops feel threatened and need a show of power to reinforce their self esteem.
That is something that is often difficult to determine from simple observation if the individual is just over the line. Your apprehension and nervous demeanor could have been misinterpreted but you were allowed to go on your way after testing.
what concerns me is the institutional deceptions police officers practice
The parents of the kid that didn't get killed by the drunk guy behind you thank you for your suffering.
These check points are put in place for the safety of the public. There is enough people killed from drinking, drugs, etc. each year.
Also, if you talk the way you write, then I would stop you too, especially the last part,
"out singing it so a choose an exact rhythm and monotone"
so a choose...... Nice.
"I managed hat tasked with some grace but still nervously"
hat tasked? Shouldn't it be "that task"
"I had half a bear 4 days ago"
Half a bear? That's a lot of food.
" he said I second test was unnecessary"
You were the second test?
if you would stop me for the way I write
that would be censorship.
I can't even spell beer
usually, two breath tests are taken
I am more getting at the fact that if your talking is as bad as your writing, then people may think you have been drinking.
people try to excuse unusual behavior with drugs
Hi Matt, You were mistreated----totally unconstitutional.
what concerns me is the institutional deception cops use in their test
We had a checkpoint near my current home as well.
Checkpoints are unconstitutional no matter what the supreme stooges claim!
Learning about the limits of the sheriffs’ own authority, even in “little things.” Sheriff Cooke gave an example of a Sheriff Akita who said he “did away with DUI checkpoints because they are unconstitutional” and sheriffs “shouldn’t tolerate it.” Why? Because “it is not right to stop people when they haven’t done anything wrong.”
Elect a constitutional sheriff in your county, someone that will stand up for your rights!
http://www.cspoa.org/
Dude, you will love this guy...
http://www.youtube.com/watch?v=fDCXzqgD99o
Did you remember to clock in so as to get paid? idk about you but I don't work for free. Especially circus tricks.
And this required a post about it? It is Labor Day. Check points are all over the country. You're not alone. If people wouldn't drink and drive, then we wouldn't have to endure check points.
I reported my story for my own account
I feel the officer had no reason to pull me in the first place
drunk driver checks are not about harassing people with attitude
That's a check point, that's what they do. I've had it happen to me. It sucks. I have the worst balance issues and my eyes have always been sensitive to light, so my pupils react funny. I've been asked to the walk, the aBc's. You know you don't have to take a Breathalyzer. Sorry they ruined your evening. Until people quit breaking the law, the rest of the country that drives sober has to deal. It sucks.
bullshit, I was clearly profiled
these are also checkpoints
further the officer was deceptive by asking impossible tasks and telling me I will fail if I don't do them
http://www.gleeforum.com/index.php/topic/1449-random-facts-about-you-thread/page__view__findpost__p__2432112
http://forums.nodoubt.com/forums/2505344/ShowPost.aspx
https://twitter.com/Matt_Holck
Are you African American? Are you Hispanic? Are you Arabic? Do you look Arabic? Do you have out of state plates? What they asked you to do is in the normal range. I'm not saying that it didn't suck for you, because it does suck, it is a pain in the ass. And if you had attitude whether you realized it or not, probably pissed the guy off. It sucks for them, too. Its a holiday, they want to be home, too. Not babysitting people who drink and drive. Years ago, I was pulled over, guns drawn down on me because I had out of state plates on my car and there was a robbery in the neighborhood. My car was searched, it was 3 in the morning, I was scared. I had just moved to Florida. And at the time, anyone from NY was from big, bad ol' New York City. They looked stupid when they were done.
"Are you African American? Are you Hispanic? Are you Arabic? Do you look Arabic? Do you have out of state plates? What they asked you to do is in the normal range."
This is the saddest statement in the topic. Racial profiling is normal behavior, stopping people from out of state, just because they aren't locals is normal. Roadside checks inspecting papers and behavior are normal...
In a police state maybe.
police always decide they don't like my "attitude" I don't abuse them
that doesn't give them a license to abuse me
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no, good behavior is also up to the police officers
it is not their jobs to determine "normal behavior" only legal behavior
almost every police encounter goes sour on me
I do not yell at them or abuse them
.
this is not about drugs though I agree with the divided society assessment
.
officers accidentally shot unarmed people in san diego also