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Thread: How to handle a DUI Checkpoint.

  1. Default How to handle a DUI Checkpoint.


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    Quote Originally Posted by Hoosier8 View Post
    I agree.

    We talk about it all the time in class - the best thing to do is simply to remain silent, even if you've done nothing wrong.
    twitter.com/BullsLawDan <~ My Twitter (may be NSFW). Follow me!

    "But it wasn't until he met his beautiful wife that he learned using logic and reason isn't enough. You have to be a dick to everyone who doesn't think like you." - South Park on Richard Dawkins

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    Quote Originally Posted by BullsLawDan View Post
    I agree.

    We talk about it all the time in class - the best thing to do is simply to remain silent, even if you've done nothing wrong.
    My Uncle was a lawyer for many many years and he said the same thing.

    Of course, it is best if you are not drunk.

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    Quote Originally Posted by Hoosier8 View Post
    My Uncle was a lawyer for many many years and he said the same thing.

    Of course, it is best if you are not drunk.
    Well, of course, actually BEING innocent is a great defense, but even if you are, you shouldn't give the police any information, ever.
    twitter.com/BullsLawDan <~ My Twitter (may be NSFW). Follow me!

    "But it wasn't until he met his beautiful wife that he learned using logic and reason isn't enough. You have to be a dick to everyone who doesn't think like you." - South Park on Richard Dawkins

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    Quote Originally Posted by BullsLawDan View Post
    Well, of course, actually BEING innocent is a great defense, but even if you are, you shouldn't give the police any information, ever.
    And don't let them search your car.

    I got stopped the other day by a State trooper while driving home from another State. Turned out to be an ex relative that I was on good terms with. I asked him why he stopped me and it turns out to be just a random drug interdiction stop. First thing he did while approaching my (rental) car was look in the rear windows for something to give him a reason to search the car.

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    And, whatever you do, don't ever trust a lawyer.

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    Quote Originally Posted by Hoosier8 View Post
    And don't let them search your car.

    I got stopped the other day by a State trooper while driving home from another State. Turned out to be an ex relative that I was on good terms with. I asked him why he stopped me and it turns out to be just a random drug interdiction stop. First thing he did while approaching my (rental) car was look in the rear windows for something to give him a reason to search the car.
    Totally illegal unless he had probable cause prior to the stop. A bunch of cops got in trouble for this down in Texas.

  9. #8

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    Quote Originally Posted by Jebediah View Post
    Totally illegal unless he had probable cause prior to the stop. A bunch of cops got in trouble for this down in Texas.
    I'm not a lawyerI'm sure Bulls will point out that searching with consent is quite legal. If a legitimate stop is made, like a DUI checkpoint, and the officer sees contraband in plain view, a legal search can follow.
    Last edited by PatrickT; Feb 22 2012 at 11:37 AM.

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    Quote Originally Posted by PatrickT View Post
    I'm not a lawyerI'm sure Bulls will point out that searching with consent is quite legal. If a legitimate stop is made, like a DUI checkpoint, and the officer sees contraband in plain view, a legal search can follow.

    What he meant was that I was stopped without probable cause, which is true. I will guess that if I put up a fuss, that something could be created, like misuse of lanes. How would you prove you used lanes correctly? Or how about he thought I was driving erratically? How would I prove I wasn't?

    Legal search is a whole different matter.
    Last edited by Hoosier8; Feb 22 2012 at 06:13 PM.

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    Quote Originally Posted by Hoosier8 View Post
    What he meant was that I was stopped without probable cause, which is true. I will guess that if I put up a fuss, that something could be created, like misuse of lanes. How would you prove you used lanes correctly? Or how about he thought I was driving erratically? How would I prove I wasn't?

    Legal search is a whole different matter.
    Well some people in Texas did and the cops got in trouble. I have definitely beat a rap without going to court based on, no probable cause.

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