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Thread: TN DUI Checkpoint video

  1. #1
    Regular Member Kopis's Avatar
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    TN DUI Checkpoint video

    For those who havent seen:

    http://www.wkrn.com/story/22770235/d...-video-youtube


    DUI checkpoint video goes viral
    Posted: Jul 05, 2013 5:12 PM CDT
    Updated: July 6, 2013 5:43 AM CDT

    Reported By Joseph Pleasant, Reporter - bio | email
    Reported By Nadia Ramdass, Reporter - bio | email

    More on the Web
    YouTube.com: July 4th DUI checkpoint videoMURFREESBORO, Tenn. - A driver recorded his stop during a DUI checkpoint in Rutherford County and uploaded the video to YouTube. By Saturday morning, less than 24 hours after it was posted, it had more than 1.3 million views and 22,000 likes.

    The driver, Chris Kalbaugh, wrote on his YouTube page that the DUI checkpoint happened in Murfreesboro on July 4, 2013 and the deputy told him "it is okay to take away my freedom."

    In the video Kalbaugh approached the checkpoint with a camera recording from the passenger seat pointed toward the driver's side window.

    A deputy, identified on the video as A.J. Ross, asks Kalbaugh, who is not identified on the video, to roll down his window. The window is partially rolled down and Kalbaugh tells the deputy, "This is fine sir."

    The deputy responds," Why is that fine?"

    Kalbaugh replies, "Because I can hear you."

    The deputy then asks, "How old are you?"

    Kalbaugh responds," Is that a required question to answer?"

    The deputy tells the driver it is a required answer.

    Kalbaugh tells the deputy he is 21 years old. In video the deputy then tells the driver to pull over to the side of the road.

    Kalbaugh then begins to ask the deputy repeatedly if he is being detained. In the video the deputy does not tell the driver he is being detained, though he continues to tell him to pull over to the side of the road.

    Then, when Kalbaugh continues to ask if he is being detained, the deputy says, "Okay, step on out."

    Kalbaugh asks again, "So I am being detained?"

    The deputy responds, "Either pull over to the side or you can step out right here. Which do you want?"

    An image on the video says Kalbaugh's car was surrounded by officers and he felt intimidated to pull to the side of the road.

    He pulled to the side of the road and a state trooper asked him to step out of the vehicle.

    Kalbaugh gets out of his car and off camera he is asked if officers can search his vehicle. Kalbaugh indicates on an image in the video that he did not give consent.

    A K9 officer then uses a police dog to smell the car for illegal substances. The dog alerts the officer to the driver's side door.

    In an image in the video, Kalbaugh says the dog was alerted because of a command the officer gave, not because of an illegal substance in his car.

    Two deputies then search the car.

    In the video, Deputy Ross says to the other deputy, "He is perfectly innocent and he knows his rights. He knows what the constitution says."

    The other unidentified deputy says the dog gave, "not a very good alert."

    Shortly after, the video shows one deputy finding the camera and taking it off the seat.

    Kalbaugh ended the video with a series of images that said:

    I was yelled at, bossed around, my car ransacked without my consent, had my rights taken away from me all because of my window. All while not being detained, I broke no laws. Officer Ross told me that my Constitutional rights did not matter at checkpoints.
    He said it is okay to take away Constitutional rights and civil liberties for reasons of safety. He didn't even ask me if I had been drinking. This was a DUI Checkpoint.

    The video ends with the statement, "Happy Fourth of July, America."

    Kalbaugh lives in Murfreesboro and is a member of the Rutherford County Libertarian Party.

    In a press release sent by The Libertarian Party of Tennessee, Kalbaugh said, "I broke no laws and I made sure to be respectful the entire time while still exercising my Constitutional freedom."

    Kalbaugh continued to say, "I wanted to show that I was not impaired and to get the confrontation over with. When I got out, he demanded my ID even though I didn't break any laws or traffic violations. They also said they were going to search my vehicle because the drug dog 'hit' on the vehicle. I don't do any drugs and I have never had any illegal substances in my car. When the officers said that the drug dog hit on my car, I became furious because I knew that was impossible. All of this happened because I did not want to lower my window all the way, which was completely legal."

    Kalbaugh also added that his video was not made to be disrespectful towards law enforcement.

    "There are plenty of great cops in Tennessee that do not believe in going outside of the law to take away Constitutional freedom. Having rights is not disrespectful," he said.

    Prominent Nashville criminal defense attorney Rob McKinney viewed the video. He told Nashville's News 2 the driver knew his rights well.

    "I think it was a smart young man who wanted to prove a point that he knew his constitutional rights and he wanted to show how things are on the streets," McKinney said.

    When asked if the Constitutional rights of the driver were violated, McKinney said, "Not from what I saw there."

    McKinney said the driver's Constitutional rights in the video were not violated since officers have a right to ask drivers for their identification. Plus, being detained is also within the officer's legal rights if it's for an investigative purposes.

    As for the K9 unit, the officer can only enter the vehicle if the K9 officer detects an alert like drugs. However, McKinney said it's tough to tell in the video if the dog actually detected something or if the handler manipulated to dog to do so. Regardless, McKinney feels the video gives a motorists an idea what their rights are.

    He said, "Your Constitutional rights are valid at the roadside just as well as walking down the street."

    The Rutherford County Sheriff's Office is reviewing the video and investigating the matter.

    "The Rutherford County Sheriff's Office is reviewing this incident," spokeswoman Lisa Marchesoni wrote in an email Friday afternoon. "We are looking into the matter to determine if there are any policy or procedure violations."

  2. #2
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    That's an old story ... I recall watching the video months ago ... but it shows how they use dogs to harass people.

    The only thing that these actions can result in is bloodshed.

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    Regular Member Kopis's Avatar
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    yeah a buddy just sent it to me this morning so i thought id post it. If it's a repost, sorry. Luckily, i dont do drugs and rarely drink but i still dont like being hassled under the guise of public safety.
    Last edited by Kopis; 12-31-2013 at 12:02 PM. Reason: grammar error!

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    What a citizen needs to remember during such encounters...

    1- Remain calm
    2- Ask if you are being detained, if yes, request an attorney be present on the scene..
    3- Do not exit the vehicle..
    4- Remain silent.
    5- Remain silent.
    6- REMAIN SILENT!

    I have preached on multiple occasions regarding these nazi dui check points being conducted under the gist of "public safety"...

    DUI check points are nothing more then to give police extra over time pay and intrude on joe citizens life.... DUI check points are revenue genaraters for the township in which the check point is being conducted... The revenue is generated via court costs, fees, fines etc relating to other traffic offenses...

    Traffic statutes or motor vehicle laws are the end run around a citizens constitutional rights... The majority of LEO on traffic detail either could care less about the constitution or they simply have no idea what the hack the constitution stands for... These LEO conducting theses DUI stops are getting paid to violate citizens rights... The same citizens that help pay the LEOS rent and help pay his medical benefits etc are the same joe citizen that he is harassing on the side of the road... Ironical isn't it.....

    Liberties are fading away all in the name of " Public Safety"---

    My .02

    Best regards

    CCJ
    " I detest hypocrites and their Hypocrisy" I support Liberty for each, for all, and forever".
    Ask yourself, Do you own Yourself?

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    Quote Originally Posted by davidmcbeth View Post
    That's an old story ... I recall watching the video months ago ... but it shows how they use dogs to harass people.
    Starting on January 1st, 2014, marijuana will be legal in Colorado and in Washington state. It will be very interesting to see how things play out with drug dogs. Say you are asked by a cop if you mind if he searches your car and you decline, stating that you have a legal amount of pot inside the vehicle. How can a drug dog "hitting" on the car give the cops PC?

    The following article reads in part,

    "Police in Washington state and Colorado are trying to teach old dogs to unlearn an old trick. For as long as dogs have been trained to assist police officers, they've been helping make drug busts. But now that the recreational use of marijuana is legal in those two states, officers are in a K-9 quandary. "We'll have to look for other indicators," said Bob Calkins of the Washington State Patrol. "We'll have to develop cases other ways."

    http://www.foxnews.com/politics/2013...ana-legalized/

    The article goes on to say,

    "At issue is the legality of searches, now that possessing up to an ounce of marijuana is legal. Voter initiatives passed in Washington state and Colorado last November. Police departments are wondering if drug dog searches will violate citizen rights. They're also concerned about courts throwing out evidence of other crimes collected during a follow-up search, which could lead to dangerous criminals getting off on a technicality. Mary Fan, a law professor at the University of Washington, thinks the state Supreme Court eventually will have to weigh in. "It's legal to have marijuana," Fan said. "You're not just sniffing out illegal contraband, you're sniffing out my private, personal and legal under-state-law stash of marijuana."

    Not everyone is proceeding with such caution. Tacoma police have no intention of retraining their drug dogs. Minors still can't possess any pot, large amounts remain illegal and there's still concern about trafficking from Mexico and Canada. "Because there's so many different instances when it's illegal, why would we change the way the dog indicates?" said Officer Loretta Cool of the Tacoma Police Department.

    Further clouding the debate is the fact that marijuana is still illegal under federal law. The U.S. Justice Department has yet to announce how it will handle the drug in Colorado and Washington."

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    Heres what needs to be done. I suggest establishing citizen oversight boards with the power to conduct random drug tests, collect DNA, search their vehicles, inspect their bank accounts and monitor who they meet with, on all elected officials and law enforcement, including state reps. I am sure there would be volunteers to do this so it would not cost taxpayers one penny. Citizens need to empower themselves with the tools to keep their government in check. I think crap like these unconstitutional check points would stop very quickly if the people would just say we wont stand for this and then stand by that principal.

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    "Checkpoint"?

    Roadblock, Roadblock, ROADBLOCK.

    Checkpoint is a government spin word designed to deceive. No sense in spreading the government's spin for it, or giving it some semblance of legitimacy by re-using it.

    These things are roadblocks to warrantlessly seize people and inspect them, fishing for an offense with neither probable cause, nor particularized suspicion.
    Last edited by Citizen; 12-30-2013 at 11:49 PM.
    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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    Speaking of roadblocks...

    Tonight will be another great night for more of these videos, so anyone thinking about being out and about in the greater middle Tennessee area should definitely remember to keep their recorders and cameras running. I know there will be several of these so called "Sobriety Checkpoints" around nashville, greenbrier, and clarksville, so I will not be driving tonight at all. You guys stay safe, and keep those cameras rolling.

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    Big mistake by exiting the vehicle. Stay in your vehicle.. Ask if you are free to continue traveling, if no, then request counsel on the scene and remain silent...

    Put the goons under the microscope... Somewhere along in the encounter your rights will be violated again...

    Remain calm, ask if your being detained, if yes, lawyer up and remain silent...

    Best regards.

    CCJ
    " I detest hypocrites and their Hypocrisy" I support Liberty for each, for all, and forever".
    Ask yourself, Do you own Yourself?

  10. #10
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    Quote Originally Posted by countryclubjoe View Post
    Big mistake by exiting the vehicle. Stay in your vehicle.. Ask if you are free to continue traveling, if no, then request counsel on the scene and remain silent...

    Put the goons under the microscope... Somewhere along in the encounter your rights will be violated again...

    Remain calm, ask if your being detained, if yes, lawyer up and remain silent...

    Best regards.

    CCJ
    Nah, get out of the vehicle, run around like you are on fire .. and don't forget to leave your car running and in drive ... make it a memorable evening

  11. #11
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    Quote Originally Posted by Kopis View Post
    For those who havent seen:

    http://www.wkrn.com/story/22770235/d...-video-youtube


    DUI checkpoint video goes viral
    Posted: Jul 05, 2013 5:12 PM CDT
    Updated: July 6, 2013 5:43 AM CDT

    Reported By Joseph Pleasant, Reporter - bio | email
    Reported By Nadia Ramdass, Reporter - bio | email

    More on the Web
    YouTube.com: July 4th DUI checkpoint videoMURFREESBORO, Tenn. - A driver recorded his stop during a DUI checkpoint in Rutherford County and uploaded the video to YouTube. By Saturday morning, less than 24 hours after it was posted, it had more than 1.3 million views and 22,000 likes.

    The driver, Chris Kalbaugh, wrote on his YouTube page that the DUI checkpoint happened in Murfreesboro on July 4, 2013 and the deputy told him "it is okay to take away my freedom."

    In the video Kalbaugh approached the checkpoint with a camera recording from the passenger seat pointed toward the driver's side window.

    A deputy, identified on the video as A.J. Ross, asks Kalbaugh, who is not identified on the video, to roll down his window. The window is partially rolled down and Kalbaugh tells the deputy, "This is fine sir."

    The deputy responds," Why is that fine?"

    Kalbaugh replies, "Because I can hear you."

    The deputy then asks, "How old are you?"

    Kalbaugh responds," Is that a required question to answer?"

    The deputy tells the driver it is a required answer.

    Kalbaugh tells the deputy he is 21 years old. In video the deputy then tells the driver to pull over to the side of the road.

    Kalbaugh then begins to ask the deputy repeatedly if he is being detained. In the video the deputy does not tell the driver he is being detained, though he continues to tell him to pull over to the side of the road.

    Then, when Kalbaugh continues to ask if he is being detained, the deputy says, "Okay, step on out."

    Kalbaugh asks again, "So I am being detained?"

    The deputy responds, "Either pull over to the side or you can step out right here. Which do you want?"

    An image on the video says Kalbaugh's car was surrounded by officers and he felt intimidated to pull to the side of the road.

    He pulled to the side of the road and a state trooper asked him to step out of the vehicle.

    Kalbaugh gets out of his car and off camera he is asked if officers can search his vehicle. Kalbaugh indicates on an image in the video that he did not give consent.

    A K9 officer then uses a police dog to smell the car for illegal substances. The dog alerts the officer to the driver's side door.

    In an image in the video, Kalbaugh says the dog was alerted because of a command the officer gave, not because of an illegal substance in his car.

    Two deputies then search the car.

    In the video, Deputy Ross says to the other deputy, "He is perfectly innocent and he knows his rights. He knows what the constitution says."

    The other unidentified deputy says the dog gave, "not a very good alert."

    Shortly after, the video shows one deputy finding the camera and taking it off the seat.

    Kalbaugh ended the video with a series of images that said:

    I was yelled at, bossed around, my car ransacked without my consent, had my rights taken away from me all because of my window. All while not being detained, I broke no laws. Officer Ross told me that my Constitutional rights did not matter at checkpoints.
    He said it is okay to take away Constitutional rights and civil liberties for reasons of safety. He didn't even ask me if I had been drinking. This was a DUI Checkpoint.

    The video ends with the statement, "Happy Fourth of July, America."

    Kalbaugh lives in Murfreesboro and is a member of the Rutherford County Libertarian Party.

    In a press release sent by The Libertarian Party of Tennessee, Kalbaugh said, "I broke no laws and I made sure to be respectful the entire time while still exercising my Constitutional freedom."

    Kalbaugh continued to say, "I wanted to show that I was not impaired and to get the confrontation over with. When I got out, he demanded my ID even though I didn't break any laws or traffic violations. They also said they were going to search my vehicle because the drug dog 'hit' on the vehicle. I don't do any drugs and I have never had any illegal substances in my car. When the officers said that the drug dog hit on my car, I became furious because I knew that was impossible. All of this happened because I did not want to lower my window all the way, which was completely legal."

    Kalbaugh also added that his video was not made to be disrespectful towards law enforcement.

    "There are plenty of great cops in Tennessee that do not believe in going outside of the law to take away Constitutional freedom. Having rights is not disrespectful," he said.

    Prominent Nashville criminal defense attorney Rob McKinney viewed the video. He told Nashville's News 2 the driver knew his rights well.

    "I think it was a smart young man who wanted to prove a point that he knew his constitutional rights and he wanted to show how things are on the streets," McKinney said.

    When asked if the Constitutional rights of the driver were violated, McKinney said, "Not from what I saw there."

    McKinney said the driver's Constitutional rights in the video were not violated since officers have a right to ask drivers for their identification. Plus, being detained is also within the officer's legal rights if it's for an investigative purposes.

    As for the K9 unit, the officer can only enter the vehicle if the K9 officer detects an alert like drugs. However, McKinney said it's tough to tell in the video if the dog actually detected something or if the handler manipulated to dog to do so. Regardless, McKinney feels the video gives a motorists an idea what their rights are.

    He said, "Your Constitutional rights are valid at the roadside just as well as walking down the street."

    The Rutherford County Sheriff's Office is reviewing the video and investigating the matter.

    "The Rutherford County Sheriff's Office is reviewing this incident," spokeswoman Lisa Marchesoni wrote in an email Friday afternoon. "We are looking into the matter to determine if there are any policy or procedure violations."

    You should have never exited the vehicle... However a good job and I applaud your moscy.

    Best regards

    CCJ
    Last edited by countryclubjoe; 01-02-2014 at 12:26 AM.
    " I detest hypocrites and their Hypocrisy" I support Liberty for each, for all, and forever".
    Ask yourself, Do you own Yourself?

  12. #12
    Regular Member Kopis's Avatar
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    One thing i dont understand is that the officer refused to answer if he was being detained or not. Why didnt he keep pressuring the LEO to answer the question?

  13. #13
    Regular Member MNMGoneShooting's Avatar
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    Quote Originally Posted by countryclubjoe View Post
    Big mistake by exiting the vehicle. Stay in your vehicle.. Ask if you are free to continue traveling, if no, then request counsel on the scene and remain silent...

    Put the goons under the microscope... Somewhere along in the encounter your rights will be violated again...

    Remain calm, ask if your being detained, if yes, lawyer up and remain silent...

    Best regards.

    CCJ
    Can you stay in your vehicle if ordered to exit? Granted, the police never stated he was being detained, and they never told him he was not.

    Based on what I've tried to learn about these procedures, his next step should have been to information he officer that he did not agree with the delay and would like to continue on his way, in order for the officer to make a statement if he is detained or not.

  14. #14
    Regular Member Maverick9's Avatar
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    Quote Originally Posted by countryclubjoe View Post
    What a citizen needs to remember during such encounters...

    1- Remain calm
    2- Ask if you are being detained, if yes, request an attorney be present on the scene..
    3- Do not exit the vehicle..
    4- Remain silent.
    5- Remain silent.
    6- REMAIN SILENT!
    ...

    CCJ
    You forgot:

    7. Video and audio document your encounter with backup and remote uploading.

    Otherwise, it's your word against their lies.

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    A.J. Ross: Deputy of the Year

    The Tennessee Governor’s Highway Safety Office has chosen Rutherford County Sheriff’s Department Deputy A.J. Ross as their “Deputy of the Year.” You may recall Ross is the deputy who became a YouTube sensation after a motorist refused to roll his window down during a sobriety checkpoint earlier this year (July of 2013).

    Click image for larger version. 

Name:	full_16913.JPG 
Views:	99 
Size:	92.7 KB 
ID:	11088

    http://wgnsradio.com/rutherford-coun...year-cms-16913

    - OS

  16. #16
    Regular Member Fallschirmjäger's Avatar
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    Quote Originally Posted by Kopis View Post
    One thing I don't understand is that the officer refused to answer if he was being detained or not. Why didnt he keep pressuring the LEO to answer the question?
    Answering that question can impact on "officer safety." The officer's answer may provide critical information to the detainee/non-detainee and it's tactically unsound to commit himself either way until he knows what he wants to do, or not do, in the case at hand.

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    Quote Originally Posted by Maverick9 View Post
    You forgot:

    7. Video and audio document your encounter with backup and remote uploading.

    Otherwise, it's your word against their lies.
    Hi Maverick9

    Indeed... I just assumed that #7 was a " NO brain'er "...

    Thank you and best regards.

    CCJ
    " I detest hypocrites and their Hypocrisy" I support Liberty for each, for all, and forever".
    Ask yourself, Do you own Yourself?

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    Quote Originally Posted by kopis View Post
    for those who havent seen:

    http://www.wkrn.com/story/22770235/d...-video-youtube


    dui checkpoint video goes viral
    posted: Jul 05, 2013 5:12 pm cdt
    updated: July 6, 2013 5:43 am cdt

    reported by joseph pleasant, reporter - bio | email
    reported by nadia ramdass, reporter - bio | email

    more on the web
    youtube.com: July 4th dui checkpoint videomurfreesboro, tenn. - a driver recorded his stop during a dui checkpoint in rutherford county and uploaded the video to youtube. By saturday morning, less than 24 hours after it was posted, it had more than 1.3 million views and 22,000 likes.

    The driver, chris kalbaugh, wrote on his youtube page that the dui checkpoint happened in murfreesboro on july 4, 2013 and the deputy told him "it is okay to take away my freedom."

    in the video kalbaugh approached the checkpoint with a camera recording from the passenger seat pointed toward the driver's side window.

    A deputy, identified on the video as a.j. Ross, asks kalbaugh, who is not identified on the video, to roll down his window. The window is partially rolled down and kalbaugh tells the deputy, "this is fine sir."

    the deputy responds," why is that fine?"

    kalbaugh replies, "because i can hear you."

    the deputy then asks, "how old are you?"

    kalbaugh responds," is that a required question to answer?"

    the deputy tells the driver it is a required answer.

    Kalbaugh tells the deputy he is 21 years old. In video the deputy then tells the driver to pull over to the side of the road.

    Kalbaugh then begins to ask the deputy repeatedly if he is being detained. In the video the deputy does not tell the driver he is being detained, though he continues to tell him to pull over to the side of the road.

    Then, when kalbaugh continues to ask if he is being detained, the deputy says, "okay, step on out."

    kalbaugh asks again, "so i am being detained?"

    the deputy responds, "either pull over to the side or you can step out right here. Which do you want?" this is when the man should of replied, i want to continue on my journey home or i want my legal counsel present..

    An image on the video says kalbaugh's car was surrounded by officers and he felt intimidated to pull to the side of the road.

    He pulled to the side of the road and a state trooper asked him to step out of the vehicle.

    Kalbaugh gets out of his car and off camera he is asked if officers can search his vehicle. Kalbaugh indicates on an image in the video that he did not give consent.

    A k9 officer then uses a police dog to smell the car for illegal substances. The dog alerts the officer to the driver's side door.

    In an image in the video, kalbaugh says the dog was alerted because of a command the officer gave, not because of an illegal substance in his car.

    Two deputies then search the car.

    In the video, deputy ross says to the other deputy, "he is perfectly innocent and he knows his rights. He knows what the constitution says."

    the other unidentified deputy says the dog gave, "not a very good alert."

    shortly after, the video shows one deputy finding the camera and taking it off the seat.

    Kalbaugh ended the video with a series of images that said:

    I was yelled at, bossed around, my car ransacked without my consent, had my rights taken away from me all because of my window. All while not being detained, i broke no laws. Officer ross told me that my constitutional rights did not matter at checkpoints.
    He said it is okay to take away constitutional rights and civil liberties for reasons of safety. He didn't even ask me if i had been drinking. This was a dui checkpoint.

    The video ends with the statement, "happy fourth of july, america."

    kalbaugh lives in murfreesboro and is a member of the rutherford county libertarian party.

    In a press release sent by the libertarian party of tennessee, kalbaugh said, "i broke no laws and i made sure to be respectful the entire time while still exercising my constitutional freedom."

    kalbaugh continued to say, "i wanted to show that i was not impaired and to get the confrontation over with. When i got out, he demanded my id even though i didn't break any laws or traffic violations. They also said they were going to search my vehicle because the drug dog 'hit' on the vehicle. I don't do any drugs and i have never had any illegal substances in my car. When the officers said that the drug dog hit on my car, i became furious because i knew that was impossible. All of this happened because i did not want to lower my window all the way, which was completely legal."

    kalbaugh also added that his video was not made to be disrespectful towards law enforcement.

    "there are plenty of great cops in tennessee that do not believe in going outside of the law to take away constitutional freedom. Having rights is not disrespectful," he said.

    Prominent nashville criminal defense attorney rob mckinney viewed the video. He told nashville's news 2 the driver knew his rights well.

    "i think it was a smart young man who wanted to prove a point that he knew his constitutional rights and he wanted to show how things are on the streets," mckinney said.

    When asked if the constitutional rights of the driver were violated, mckinney said, "not from what i saw there."

    mckinney said the driver's constitutional rights in the video were not violated since officers have a right to ask drivers for their identification. Plus, being detained is also within the officer's legal rights if it's for an investigative purposes.

    As for the k9 unit, the officer can only enter the vehicle if the k9 officer detects an alert like drugs. However, mckinney said it's tough to tell in the video if the dog actually detected something or if the handler manipulated to dog to do so. Regardless, mckinney feels the video gives a motorists an idea what their rights are.

    He said, "your constitutional rights are valid at the roadside just as well as walking down the street."

    the rutherford county sheriff's office is reviewing the video and investigating the matter.

    "the rutherford county sheriff's office is reviewing this incident," spokeswoman lisa marchesoni wrote in an email friday afternoon. "we are looking into the matter to determine if there are any policy or procedure violations."
    ccj
    " I detest hypocrites and their Hypocrisy" I support Liberty for each, for all, and forever".
    Ask yourself, Do you own Yourself?

  19. #19
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    Quote Originally Posted by countryclubjoe View Post
    ccj

    When the officer gave the citizen the options of getting out of the car or pulling over, THIS IS WHEN THE YOUNG MAN SHOULD HAVE SIMPLY RESPONDED, I WANT TO CONTINUE ON MY SAFE JOURNEY HOME IF YOU CANNOT ALLOW ME TO CONTINUE ON MY SAFE JOURNEY HOME THEN I RESERVE ALL MY RIGHTS UNDER THE US CONSTITUTION AND I REQUEST LEGAL COUNSEL IMMEDIATELY.

    We need to respond to these aggressive commands in a" humble yet authoritative" matter.. I call this method " defeating them with kindness"..

    My .02

    Best regards

    CCJ
    " I detest hypocrites and their Hypocrisy" I support Liberty for each, for all, and forever".
    Ask yourself, Do you own Yourself?

  20. #20
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    Quote Originally Posted by MNMGoneShooting View Post
    Can you stay in your vehicle if ordered to exit? Granted, the police never stated he was being detained, and they never told him he was not.

    Based on what I've tried to learn about these procedures, his next step should have been to information he officer that he did not agree with the delay and would like to continue on his way, in order for the officer to make a statement if he is detained or not.
    Hi MMMgoneshooting..

    Great question regarding staying in the vehicle after being given a command to exit the vehicle.
    I would always suggest to stay in the vehicle... If they kick in your window and forcibly remove you, then your civil case will be all the more strengthened. Recording these encounters and being polite but authoritative is very important. The person with the gun and badge and pointing a flash light in your face while hollering commands will look like a big bully picking on a polite respectful citizen.. Hence, if it looks like a bully, acts like a bully, etc, etc.. Also the officer safety concern issues will be greatly reduced based on your demure. Not to mention the citizen also has a safety concern issue. Remember my bully analogy..

    My .02

    Best regards.

    CCJ
    " I detest hypocrites and their Hypocrisy" I support Liberty for each, for all, and forever".
    Ask yourself, Do you own Yourself?

  21. #21
    Regular Member MNMGoneShooting's Avatar
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    Makes sense. Hope I won't have to deal with it - haven't yet in my 30 years of driving, but I'm sure my day will come.


    Sent from my iPhone using Tapatalk

  22. #22
    Regular Member Fallguy's Avatar
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    Quote Originally Posted by MNMGoneShooting View Post
    Can you stay in your vehicle if ordered to exit? Granted, the police never stated he was being detained, and they never told him he was not.

    Based on what I've tried to learn about these procedures, his next step should have been to information he officer that he did not agree with the delay and would like to continue on his way, in order for the officer to make a statement if he is detained or not.
    From Attorney General Opinion 00-147 http://www.tn.gov/attorneygeneral/op/2000/op/op147.pdf

    QUESTION
    Whether an individual who intentionally but passively refuses to obey a law enforcement officer’s
    reasonable, lawful command commits an offense under Tennessee law?

    OPINION
    No, an individual who intentionally but passively refuses to obey a law enforcement officer’s
    reasonable, lawful command does not commit an offense under Tennessee law because force is a necessary
    element of resisting arrest.

    So unless he tried to drag you out of the car and you resisted you shouldn't be considered violating the law by simply not getting out because asked/told to.
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." -- Thomas Jefferson

    "They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." -- Benjamin Franklin

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