How to handle a DUI Checkpoint.

**Hoosier8** · Feb 18 2012, 11:14 AM

**BullsLawDan** · Feb 21 2012, 07:06 AM

Originally Posted by Hoosier8

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.

**Hoosier8** · Feb 21 2012, 07:26 AM

Originally Posted by BullsLawDan

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.

**BullsLawDan** · Feb 21 2012, 07:30 AM

Originally Posted by Hoosier8

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.

**Hoosier8** · Feb 21 2012, 07:43 AM

Originally Posted by BullsLawDan

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.

**PatrickT** · Feb 22 2012, 06:56 AM

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

**Jebediah** · Feb 22 2012, 08:32 AM

Originally Posted by Hoosier8

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.

**PatrickT** · Feb 22 2012, 11:35 AM

Originally Posted by Jebediah

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.

**Hoosier8** · Feb 22 2012, 06:12 PM

Originally Posted by PatrickT

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.

**Jebediah** · Feb 22 2012, 08:59 PM

Originally Posted by Hoosier8

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.