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Thread: exelent leo encounter

  1. #1
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    exelent leo encounter

    went thru a license check and notified the cop that i had a cc and a gun,
    he said dont worry about it, just show your drivers license. no problem. he was very polite and thanked me for notifying and didnt ask to see the cc permit or the gun.
    Last edited by bellyfat; 01-05-2013 at 10:09 AM.
    i'd rather be a hammer than a nail.

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    Quote Originally Posted by bellyfat View Post
    went thru a license check and notified the cop that i had a cc and a gun,
    he said dont worry about it, just show your drivers license. no problem. he was very polite and thanked me for notifying and didnt ask to see the cc permit or the gun.
    license check
    Is that like a roadblock?

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    Quote Originally Posted by bellyfat View Post
    notified the cop that i had a cc and a gun,
    Hopefully in that order.

    http://www.youtube.com/watch?v=dT-nePQuT-s

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    I forget. Is NC a must-notify state?



    Separately, while I understand the OPer's view that it was an excellent encounter, I don't think I could ever bring myself to describe being seized by government in a suspicionless roadblock as excellent, no matter how nice the Stasi officer who questions me or demands to see my papers.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

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    Regular Member dmatting's Avatar
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    Quote Originally Posted by Citizen View Post
    I forget. Is NC a must-notify state?
    Yes it is - for CC.


    Separately, while I understand the OPer's view that it was an excellent encounter, I don't think I could ever bring myself to describe being seized by government in a suspicionless roadblock as excellent, no matter how nice the Stasi officer who questions me or demands to see my papers.
    I completely agree. These "license checks" are nothing more than warrant-less fishing expeditions.

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    As far as carrying and DUI checks, I've had no issues with the officer. I've heard of a few problems though.

    Still don't like them. Mostly police theater. Looks like they are getting something done, even if they are not.

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    I went through one of these a couple weeks ago and the patrolman flagged me through before I could inform. "Ok sir, go right on through." "But, but I have a.." "Everything's fine, move along."

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    Quote Originally Posted by NCBobD View Post
    I went through one of these a couple weeks ago and the patrolman flagged me through before I could inform. "Ok sir, go right on through." "But, but I have a.." "Everything's fine, move along."
    I think one of the Supreme Court cases (Michigan v Sitz?) requires police to have a plan for a roadblock that removes as much police discretion as possible. One of the ways police seem to comply is by stopping every so many cars, or until the secondary investigation lane is full, or until traffic backs up to a predetermined point, and then they wave the rest through until they reach the next predetermined point to begin stopping cars again.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

  9. #9
    Regular Member WTFOVER's Avatar
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    Quote Originally Posted by Citizen View Post
    I think one of the Supreme Court cases (Michigan v Sitz?) requires police to have a plan for a roadblock that removes as much police discretion as possible. One of the ways police seem to comply is by stopping every so many cars, or until the secondary investigation lane is full, or until traffic backs up to a predetermined point, and then they wave the rest through until they reach the next predetermined point to begin stopping cars again.
    Only if its an offical DWI or drug enforcement checkpoint. NC has ruled that drivers license check points are legal and don't require notifying anyone and can be set anywhere without a plan.

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    Quote Originally Posted by WTFOVER View Post
    Only if its an offical DWI or drug enforcement checkpoint. NC has ruled that drivers license check points are legal and don't require notifying anyone and can be set anywhere without a plan.
    Cite, please.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

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    Quote Originally Posted by Citizen View Post
    Cite, please.
    20‑16.3A. Checking stations and roadblocks.

    (a) A law‑enforcement agency may conduct checking stations to determine compliance with the provisions of this Chapter. If the agency is conducting a checking station for the purposes of determining compliance with this Chapter, it must:

    (1) Repealed by Session Laws 2006‑253, s. 4, effective December 1, 2006, and applicable to offenses committed on or after that date.

    (2) Designate in advance the pattern both for stopping vehicles and for requesting drivers that are stopped to produce drivers license, registration, or insurance information.

    (2a) Operate under a written policy that provides guidelines for the pattern, which need not be in writing. The policy may be either the agency's own policy, or if the agency does not have a written policy, it may be the policy of another law enforcement agency, and may include contingency provisions for altering either pattern if actual traffic conditions are different from those anticipated, but no individual officer may be given discretion as to which vehicle is stopped or, of the vehicles stopped, which driver is requested to produce drivers license, registration, or insurance information. If officers of a law enforcement agency are operating under another agency's policy, it must be stated in writing.

    (3) Advise the public that an authorized checking station is being operated by having, at a minimum, one law enforcement vehicle with its blue light in operation during the conducting of the checking station.

    (a1) A pattern designated by a law enforcement agency pursuant to subsection (a) of this section shall not be based on a particular vehicle type, except that the pattern may designate any type of commercial motor vehicle as defined in G.S. 20‑4.01(3d). The provisions of this subsection shall apply to this Chapter only and are not to be construed to restrict any other type of checkpoint or roadblock which is lawful and meets the requirements of subsection (c) of this section.

    (b) An officer who determines there is a reasonable suspicion that an occupant has violated a provision of this Chapter, or any other provision of law, may detain the driver to further investigate in accordance with law. The operator of any vehicle stopped at a checking station established under this subsection may be requested to submit to an alcohol screening test under G.S. 20‑16.3 if during the course of the stop the officer determines the driver had previously consumed alcohol or has an open container of alcoholic beverage in the vehicle. The officer so requesting shall consider the results of any alcohol screening test or the driver's refusal in determining if there is reasonable suspicion to investigate further.

    (c) Law enforcement agencies may conduct any type of checking station or roadblock as long as it is established and operated in accordance with the provisions of the United States Constitution and the Constitution of North Carolina.

    (d) The placement of checkpoints should be random or statistically indicated, and agencies shall avoid placing checkpoints repeatedly in the same location or proximity. This subsection shall not be grounds for a motion to suppress or a defense to any offense arising out of the operation of a checking station. (1983, c. 435, s. 22; 2006‑253, s. 4; 2011‑216, s. 1.)

    http://www.ncga.state.nc.us/EnactedL..._20-16.3A.html



    If the agency doesn't have a written policy they can follow another agencies policy and public notification is having one car with its' blue lights on at the checkpoint.
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    These checkpoints always annoy me. What a royal waste of my time. I'm just a law abiding citizen trying to go about my business and I'm being forced to wait in line and produce my papers despite not having broken any laws. I've been through these checkpoints at midday several times. I don't see the point. Who in their right mind would be driving drunk at 11am on a Sunday?

    I've always wondered whether it would be legal to just refuse to talk to the officer at the checkpoint and refuse to show my license. It's one thing if a cop pulls me over because he observed me breaking a traffic law. Such refusal would probably end up being more trouble than it was worth, but there has to be an effective way to peacefully protest these types of checkpoints besides complaining to the police chief or the city council. The checkpoints have gotten quite frequent in Wake Forest.

    Any suggestions or experience reports?

  13. #13
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    Quote Originally Posted by glockaholic View Post
    These checkpoints always annoy me. What a royal waste of my time. I'm just a law abiding citizen trying to go about my business and I'm being forced to wait in line and produce my papers despite not having broken any laws. I've been through these checkpoints at midday several times. I don't see the point. Who in their right mind would be driving drunk at 11am on a Sunday?

    I've always wondered whether it would be legal to just refuse to talk to the officer at the checkpoint and refuse to show my license. It's one thing if a cop pulls me over because he observed me breaking a traffic law. Such refusal would probably end up being more trouble than it was worth, but there has to be an effective way to peacefully protest these types of checkpoints besides complaining to the police chief or the city council. The checkpoints have gotten quite frequent in Wake Forest.

    Any suggestions or experience reports?
    Invoking the Fifth Amendment right against self-incrimination to avoid answering questions should be fine.

    Refusing drivers license, registration, etc., might be a different matter. I haven't seen a state yet that didn't compel showing certain documents to a copon request or demand in relation to driving.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

  14. #14
    Regular Member Motofixxer's Avatar
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    Quote Originally Posted by glockaholic View Post
    These checkpoints always annoy me. What a royal waste of my time. I'm just a law abiding citizen trying to go about my business and I'm being forced to wait in line and produce my papers despite not having broken any laws. I've been through these checkpoints at midday several times. I don't see the point. Who in their right mind would be driving drunk at 11am on a Sunday?

    I've always wondered whether it would be legal to just refuse to talk to the officer at the checkpoint and refuse to show my license. It's one thing if a cop pulls me over because he observed me breaking a traffic law. Such refusal would probably end up being more trouble than it was worth, but there has to be an effective way to peacefully protest these types of checkpoints besides complaining to the police chief or the city council. The checkpoints have gotten quite frequent in Wake Forest.

    Any suggestions or experience reports?
    People have refused the internal border checkpoints too with success. The officers don't like it much but that's irrelevant. I read somewhere that the truckers are starting to refuse the checkpoints also. Some of the officers say something to the effect of "we got another one", as they're on the radio to the boss. Search Youtube for "checkpoint refusal"

    DUI Refusal

    Another DUI refusal
    Last edited by Motofixxer; 01-07-2013 at 10:04 PM.
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