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"No refusal" DUI checkpoints could be coming to Tampa

Phoenix

Phoenix

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Florida is among several states now holding what are called "no refusal" checkpoints.
It means if you refuse a breath test during a traffic stop, a judge is on site, and issues a warrant that allows police to perform a mandatory blood test.
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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.
 
Well, that's pretty disturbing.
 
Another reason never to leave my beloved Wyoming.
 
Deuce said:
Well, that's pretty disturbing.
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Even more disturbing since I live in Tampa. I make it a point to not drink and drive, but this still reeks of overstepping the bounds of reasonable searches. I am [relatively] safe and have protections for hiding something in my house, yet not safe hiding something in my body? Yeah I know a judge will be there to issue the on the spot warrant, but really, is just driving through a checkpoint reasonable cause?
 
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Catz Part Deux said:
Exactly how is this constitutional? Freaking Florida.
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I am trying to figure that one out myself, I don't get it. Slippery slope time, but what next door to door patrols with a judge in tow issuing warrants so they can come in and rummage through our houses simply because we did not invite them in to look? A mandated needle in my arm simply for driving on the wrong road and not consenting to blowing is pushing things way to far, and does not seem even remotely reasonable.
 
It's not. At all. We have largely abandoned the protections of the 4th amendment in the last 40 years, previously to combat the bogeymen of drugs, and now against terrorism. We are not secure in our persons, houses, papers, or effects, against unreasonable searches and seizures. Warrants aren't even needed half the time, and when they are, they not upon probable cause, and not supported by oath or affirmation. Often they don't describe the place to be searched, or the persons or things to be seized.
 
Don't drive drunk and it will not affect you. If you are caught well then you go to jail. Obey the law and stop whining when you get caught breaking it.
 
ptif219 said:
Don't drive drunk and it will not affect you. If you are caught well then you go to jail. Obey the law and stop whining when you get caught breaking it.
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all you have to do is be cruisng in that sweet Harley on the road they choose to set up the check point and you get pulled.
 
Phoenix said:
all you have to do is be cruisng in that sweet Harley on the road they choose to set up the check point and you get pulled.
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Thats fine but I will not be drunk. Because I have a CDL I am DUI at .04%

I bought a bottle of wine today to drink at home with my wife on New Years. I worked over Christmas so I could be home on New Years when all the drunks are out
 
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ptif219 said:
Don't drive drunk and it will not affect you. If you are caught well then you go to jail. Obey the law and stop whining when you get caught breaking it.
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And you call yourself a conservative. Do you believe that sobriety checkpoints violate the 4th Amendment to the US Constitution? Here it is in case you might want to look it over.

4th Amendment to the US Constitution
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.
 
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I'm not so sure what to think of this issue.

On the one hand, why would any sober person refuse to blow into a tube at a DUI check point? That sounds like reasonable cause to me.

On the other hand, how are DUI checkpoints not a violation of the Fourth amendment?

And, on the other hand, isn't sharing the road with drunks violating my rights to get where I'm going without some ***** running into me?

I'm totally conflicted on that one.
 
I don't mind checkpoints. In most cases, the police officer can quickly establish if you are drinking or not based on your breath without giving you a test. I have been stopped at several checkpoints and have always been quickly waved through because it was obvious I wasn't drinking (I only drink with my family during Lunar New Year and I don't drive afterward). If you smell alcohol on the breath, that, to me, would be probable cause for a breathalyzer or blood test. Short of that, I would agree that Fourth Amendment protections should kick in.
 
Ya this is BS the government needs to step the f**k off. If we let them get away with this whats to stop them from doing door to door searches.
 
If this becomes codified, I hope the people of Florida take their local government to court and constitutionally rape it.
 
Personally, I have no problem with this and, in fact think it's quite efficient and would support it... however, it certainly violates the 4th Amendment and should not be enacted, at all.
 
Dittohead not! said:
I'm not so sure what to think of this issue.

On the one hand, why would any sober person refuse to blow into a tube at a DUI check point? That sounds like reasonable cause to me.

On the other hand, how are DUI checkpoints not a violation of the Fourth amendment?

And, on the other hand, isn't sharing the road with drunks violating my rights to get where I'm going without some ***** running into me?

I'm totally conflicted on that one.
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You are right check points are a violation of the 4th amendment however you do not have a right to get where your going without someone running into you? Here is some food for thought. Last year (2009) 6000 Americans died and more than half a million were injured in auto accidents due to distracted drivers. Mostley because of cell phone use, texting, etc. By comparrison there where 10,839 fatalities due to drunk driving related accidents in 2009. When are they going to protect us from drivers who use cell phones huh? Where is the MADD (Mothers Against Distracted Driving) organization? When will they start putting distracted drivers behind bars like they do drunk drivers? Since they started keeping nation wide records of drunk driving fatalities in 1982 the number of fatalities has decreased each year while distracted driving fatalities have increased each year. At some point in the near future distracted driving deaths will surpase drunk driving deaths. Will distracted drivers be stigmatized like drunk drivers are?

Distracted Drivers Kill 6,000 Last Year - CBS News

http://www-nrd.nhtsa.dot.gov/Pubs/811363.pdf
 
Dittohead not! said:
I'm not so sure what to think of this issue.

On the one hand, why would any sober person refuse to blow into a tube at a DUI check point? That sounds like reasonable cause to me.

On the other hand, how are DUI checkpoints not a violation of the Fourth amendment?

And, on the other hand, isn't sharing the road with drunks violating my rights to get where I'm going without some ***** running into me?

I'm totally conflicted on that one.
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What innocent person would refuse having their vehicle or home searched, at any time of day? Surely that's probably cause.

Or maybe this "if she's not a witch she's float" scenario is a bad idea.
 
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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.
 
SgtRock said:
And you call yourself a conservative. Do you believe that sobriety checkpoints violate the 4th Amendment to the US Constitution? Here it is in case you might want to look it over.

4th Amendment to the US Constitution
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.
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How does a checkpoint that checks every one violate that? It is not like they are going to your house. Don't feel bad they have been searching big trucks for years and the driver can not stop it.
 
SgtRock said:
what about probable cause?
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If all are checked they are not stopping one without cause. If you are sober you will be good.


They don't need any cause to search a big truck so how is checking all cars any different.

Welcome to the no rights world truckers deal with every day.

I have no sympathy since it happens to truckers all the time.
 
ptif219 said:
If all are checked they are not stopping one without cause. If you are sober you will be good.


They don't need any cause to search a big truck so how is checking all cars any different.

Welcome to the no rights world truckers deal with every day.

I have no sympathy since it happens to truckers all the time.
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I see, so you accept the erosion of your rights. Well I don't. There are men and women sacrificing everything for them in the war. I think we owe it to them to protect those rights guaranteed by our Constitution.
 
ptif219 said:
How does a checkpoint that checks every one violate that? It is not like they are going to your house. Don't feel bad they have been searching big trucks for years and the driver can not stop it.
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Checking everyone still requires probable cause.
 
SgtRock said:
I see, so you accept the erosion of your rights. Well I don't. There are men and women sacrificing everything for them in the war. I think we owe it to them to protect those rights guaranteed by our Constitution.
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Yet it is ok for truckers and not cars? It is the government and they make the laws. Driving drunk is a crime. If caught admit you are wrong and stop whinning
 
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