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Thread: "No refusal" DUI checkpoints could be coming to Tampa

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    Re: "No refusal" DUI checkpoints could be coming to Tampa

    I totally agree with you danarhea
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    Re: "No refusal" DUI checkpoints could be coming to Tampa

    Quote Originally Posted by Phoenix View Post
    Full Story HERE


    Street Judges? Reminds me of Judge Dredd. "I AM the law"
    Seems like this should violate some type of separation of powers. I also wonder what constitutes "reasonable suspicion" to take the blood since this is a checkpoint situation. Many times refusal constitutes "reasonable suspicion" which is bogus.
    I believe checkpoint are unconstitutional period. This IMO is another example of the American people are tolerant of an unconstitutional practice because it has become the norm and it is "for the public safety" or "the greater good". Now the government takes that practice to another level to see if they can get away with it also.
    I've said it before: the "slippery slope" is NOT a fallacy, if the slope is greased and you're being pushed.

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    Re: "No refusal" DUI checkpoints could be coming to Tampa

    I've been through a lot of sobriety checkpoints over the years. In every instance, I was stone-cold sober. I had done nothing illegal, but was still subjected to a substantial travel delay, inconvenience, and--in essence--an unreasonable search and seizure with zero suspicion on the part of the officer that I'd been drinking. My only "crime" was to be driving on a particular street on that particular day.

    There is no way on earth that this is not an unconstitutional action by local government.

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    Re: "No refusal" DUI checkpoints could be coming to Tampa

    Quote Originally Posted by Kal'Stang View Post
    Interesting. Here in Idaho you don't have a right to refuse a breathalizer test. If you do then the cop can take your license away on the spot. It is something that must be agreed upon before they will issue your license to you. I figured it to be a pretty sensible requirement and am actually surprised that other states don't have it.
    That was my thought. Maybe in Florida they are behind the times.

    I thought every state already had these provisions in the law that stated that if you refuse a roadside sobriety test, youlose your license.

    Why would a judge need to be there to issue a warrant at that moment, and what judge would want to out on a cold night, most likely a holiday, doing that?

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    Re: "No refusal" DUI checkpoints could be coming to Tampa

    Quote Originally Posted by SgtRock View Post
    I never said that, you did. What about the majority of those going through sobriety checkpoints that have not been drinking? Dosn't the 4th amendment apply to them?
    What kind of search is somebody subjected to if they go through a checkpoint and have not been drinking?

    They are waved through and they go on their way.

    Where is the illegal search?

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    Re: "No refusal" DUI checkpoints could be coming to Tampa

    Quote Originally Posted by Phoenix View Post
    Full Story HERE


    Street Judges? Reminds me of Judge Dredd. "I AM the law"
    Seems like this should violate some type of separation of powers. I also wonder what constitutes "reasonable suspicion" to take the blood since this is a checkpoint situation. Many times refusal constitutes "reasonable suspicion" which is bogus.
    I believe checkpoint are unconstitutional period. This IMO is another example of the American people are tolerant of an unconstitutional practice because it has become the norm and it is "for the public safety" or "the greater good". Now the government takes that practice to another level to see if they can get away with it also.
    I think anytime this kind of **** occurs citizens should get together and go through these check points and refuse the breathalyzer. Anytime the government wishes to infringe on rights the citizens should make it as financially and time costly as possible.
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    Re: "No refusal" DUI checkpoints could be coming to Tampa

    Quote Originally Posted by The Giant Noodle View Post
    Yes and no. Now, like the OP posted, you can not refuse to take the test in some States. They will FORCE the person.... by whatever means possible.... to restrain you. Then forcably take a syringe.... put in in your body.... and then take your blood..... if they even suspect you to be under the influence.
    Could you please give me links to wherever you obtained this information?

    Thx.

    .

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    Re: "No refusal" DUI checkpoints could be coming to Tampa

    Quote Originally Posted by Catz Part Deux View Post
    I've been through a lot of sobriety checkpoints over the years. In every instance, I was stone-cold sober. I had done nothing illegal, but was still subjected to a substantial travel delay, inconvenience, and--in essence--an unreasonable search and seizure with zero suspicion on the part of the officer that I'd been drinking. My only "crime" was to be driving on a particular street on that particular day.

    There is no way on earth that this is not an unconstitutional action by local government.
    Good for you. Stone cold sober is the only way to drive.

    The people in this picture were subjected to a substantial travel delay, also.



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    Re: "No refusal" DUI checkpoints could be coming to Tampa

    Quote Originally Posted by Dittohead not! View Post
    Good for you. Stone cold sober is the only way to drive.

    The people in this picture were subjected to a substantial travel delay, also.


    Oh give me a break.
    Lets bring out photos of accidents! Here is one from an elderly driver!

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    Re: "No refusal" DUI checkpoints could be coming to Tampa

    Quote Originally Posted by Mason66 View Post
    What kind of search is somebody subjected to if they go through a checkpoint and have not been drinking?

    They are waved through and they go on their way.

    Where is the illegal search?
    I have been through checkpoints where, despite being sober (I don't drink), I was required to show license and registration ("Your papers, citizen!"), was asked where I was going and what I had been doing (I've been at work, I'm going home, duh), and other questions that were actually none of their damn business, given that I had violated NO traffic laws or other laws.

    I frigging hate roadblocks. It's one step closer to being stopped on the street and questioned just because you're there.

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