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another suspicionless roadblock in Sparks on Superbowl Sunday

Y

Yard Sale

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http://www.rgj.com/article/20110203/NEWS01/110203017

http://www.sparkspd.com/aggregator/sources/1


Sparks police are setting up another suspicionless roadblock on Superbowl Sunday at 3 PM. I will be north of Sparks, returning home via Pyramid Hwy., a favorite roadblock location, at about that time. I will have in my possession my favorite USPSA competition pistol. If I encounter the roadblock on my way home, chances are very good I will again be arrested for DUI when I exercise my right to remain silent. My pistol alone will cost ~$2,500 to replace if it is stolen like my notebook and camera were when I was arrested by Sparks PD, so I would prefer to carry it in a holster. But they may accuse me of reaching for it like they did in December.
 
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jfrey123

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Interestingly enough, they've omitted the location this time around for the one in Sparks...






........---Moderator Note---
Let's stay focused on OC and RKBA
 
Nevada carrier

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I was listening to the morning news today and heard them ask metro why they for warn people of the time and location of DUI check points. The answer was, in order for their consent argument to hold up in court, they have to show that they made a reasonable effort to inform the public and that makes it a consensual stop.

I wonder how this will effect yard sale's case? My understanding was that consent can be withdrawn at any time, Am I wrong?
 
D

DON`T TREAD ON ME

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The Kicker here seems to be, consensual STOP As the stop. is what is authorized. Your participation is coerced, and in Yardsale's case, forced. I am going to ride through on my bike and let them know I would like my attorney present prior to answering any questions. They must have known it is my birthday on Sunday, which explains why it is so close to my house... LOL
 
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In order to meet the USSC standard of a "consensual" stop, they have to advertise the location ahead of the day when it happens, they have to have proper signage, and there must be a reasonable and logical alternate route (that is, not something through alleyways, dirt roads, etc). There will be an open route for fire truck, ambulances, etc.

If they set up on a state highway (such as Pyramid), they have to coordinate with NHP, who will check with NVDOT to make sure that there aren't preset plans, such as construction zones or oversized truck loads (imagine the fun of trying to run a 150-foot permit load through the traffic mess of a checkpoint). At any point, NHP can close it down if they see a need, and there may be several open routes around it.

Where on Pyramid do they set up? If they don't have the open routes, you can make complaints to the media about the danger to the public of not having an ambulance route open (or of that route extending the trip).
 
Y

Yard Sale

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I'll be shooting my custom STI at the match. I'll carry it in this Blade Tech strong side hip hoslter. I'm not sure how visible it is when seated in my truck. It's a B.F.G. with a magazine well, and even with a flush-fitting magazine, it bumps against the seat back.

1012970390_x9fde-M.jpg


jfrey123 said:
Interestingly enough, they've omitted the location this time around for the one in Sparks...
Click to expand...
They never give the location. Past locations have been southbound Pyramid Hwy. (often summer holidays and always after Burning Man), Los Altos Blvd., and Sparks Blvd.

Nevada carrier said:
show that they made a reasonable effort to inform the public and that makes it a consensual stop. ... My understanding was that consent can be withdrawn at any time, Am I wrong?
Click to expand...
There's no consent involved to an oral order or hand signal. If you are lucky enough to make it to the traffic control device (stop sign) without an order to stop, legally you can proceed after stopping. I would expect to be pursued and stopped after that.

DVC said:
In order to meet the USSC standard of a "consensual" stop.
Click to expand...
Cite please.
 
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DVC

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The Supremes (maj op. Rehnquist) overturned the Court of Appeals, and found that the Michigan DUI checkpoint program was "consistent with the Fourth Amendment" because Michigan had done the prior warning, alternate routes, etc that I mentioned above.
 
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nomidlname

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DVC said:
So, anyone know what happened and where it was? Just curious. I stuck around the airport all day, so didn't go track it down.
Click to expand...

http://www.rgj.com/article/20110207/NEWS01/110207005

A DUI checkpoint in Sparks on Sunday netted three drunk drivers, 38 citations and two other arrests for narcotics and an outstanding warrant.

Officers said they contacted 439 vehicles, with 12 being sent to a secondary screening. Of those 12, three drivers were found to be under the influence and several others were below the legal limit, Sparks Police Lt. Tom Miller said.


The checkpoint was set up by Sparks police at Victorian Avenue and 20th Street, and included several agencies.


Officers also handed out 38 citations, including 10 for misc. traffic violations, 15 for no seat belts, six for no proof of insurance, four for driving without a license and three for child restraint violations. Police arrested one person for possession of narcotics and another person on an outstanding warrant.


Other agencies participating in the checkpoint included the Nevada Highway Patrol, the Reno Police Department, the Carson City Sheriff's Office and the Lyon County Sheriff's office. The checkpoint was funded by a grant from the Department of Public Safety, Office of Traffic Safety Joining Forces Program.
Click to expand...

Incase anyone is wondering that's a massive .68% DUI capture rate. Awesome! 8.65% citation rate. Smokin! Still not sure how anyone can truly justify that. Even when SCOTUS ruled DUI checkpoints were constitutional Rehnquist stated it was a violation but it's ok since it was necessary and "effective". Really? Effective? .68% is effective? I guess we have different definitions of "effective"
 
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Y

Yard Sale

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I returned home from the pistol match with my blaster open carried on my hip and a witness following in the car behind me. We didn't encounter the roadblock.

About one-half percent is the standard rate for DUI arrests at so-called DUI checkpoints.

But really, why would you believe anything this department reports? They arrested me for DUI, I have the paperwork, but they didn't include my DUI arrest in their press release. That a bunch of other lies.
 
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