That's odd, I didn't see anything on the news about a check point.
Thread: DUI checkpoint june-24
Outside town squre, coming home from seeing Cars 2 on my nieces birthday, the whole exit was backed up, well the way I took out of town square, by the time I got on the road, there was no way to turn around, after seeing the checkpoint sign. LV blvd right before the 215, where you exit frys.
After being involved in a hit and run, someone rear ended me and drove off...and actually made it through the checkpoint without being stopped... I get pulled over. I have my window down about 3 inches, and can clearly hear the officer speak. He commands me to put down my window, and I said that I could hear him fine. They call over a supervisor and warn me I'll be charged with a misdemeanor if I don't comply. I asked them to cite the law where I'm required to roll down my window. I kept trying to tell them about the hit and run, but they ignored me and had a few officers on each side of me. The sargeant failed to know the law, and after a few attempts, I just rolled down my window, and then they waved me through. They immidiately went from me not rolling down my window to being complete jerks and HUGE aggression in their tone. Hands went immidiately to their guns...just cause my window wasn't all the way down...wow just wow...our tax dollars at work.
Not all that exciting I suppose, but I'm pissed about being hit. Anyone know the law about rolling down a window? I didn't see it worth getting tazed and **** over, it being 11 and I'm super tired.
That's odd, I didn't see anything on the news about a check point.
Here's me refusing to roll down my window and Metro eventually just lets me go:
In this video, the officer who stopped me is not wearing a safety vest, as required by LVMPD Policy 5/107.15. I filed a complaint with Internal Affairs alleging a number of law and policy violations, and in what amounted to yet another rubber stamp, the officer was found to not be in violation of any policies, including the one requiring the safety vest. I laughed in disgust at what was either severe ineptitude on the part of investigating detectives, or a conspiracy to coverup yet another allegation.
At another checkpoint, the officer who stopped me recognized me and said "Good evening Mr Farrell, I'm guessing you haven't been drinking, have a nice night." and waved me on.
At a more recent checkpoint, a lieutenant deployed stop sticks on me once he realized it was my car. His Sergeant had a video camera going recording the entire incident. The Lieutenant cited NRS 484B.580 as the reason I had to roll down my window. I knew he was wrong, but I also figured he thought he was right, citing a statute he believed to be on his side. I knew fighting it from a jail cell was not my best course of action, so I rolled down my window and refused to speak before being waved through.
DUI Checkpoint law is NRS 484B.570 through NRS 484B.580.
NRS 484B.580 Failure to stop at roadblock; penalties.
1. It is unlawful for a person to:
(a) Proceed or travel through an administrative roadblock or a temporary roadblock without subjecting himself or herself to the traffic control established at the roadblock.
(b) Disobey the lawful orders or directions of a police officer at an administrative roadblock or a temporary roadblock.
Officers believe that if you fail to roll down your window, you are guilty of violating NRS 484B.580 1(b), shown above. There is wide debate among officers regarding the term "lawful orders or directions". Unfortunately, police management believes "lawful orders" is anything they tell you to do. Clearly that's not the case, since a lawful order to a sovereign citizen MUST be backed up by specific statute. But with the support of their superiors, officers are enforcing the "roll down your window or go to jail" rule.
It's just another incident in a long list of civil rights violations Metro continues to perpetrate every day.
If im not mistaken Oregon has ruled checkpoints unconstitutional. If one state can figure this out. I dont see why another cant
Thank you tim. Yeah they gave me that lawful order line, and when I asked for them to give me the statutes they said they would go and find them, and I'm sure if I pressed it, like you said, I'd be fighting it from jail or with a ticket. My brother and I got into an argument about this, he kept asking me why I just didn't comply. Well I ask you all where you'd draw the line? Are these 'lawful orders' that you must obey or face charges?
roll down your window
breath into my hand
speak so I can hear if you're slurring
get out of the vehicle
look at me so I can see your eyes
bend over and say hello to my nightstick
Ok so that last one is a joke, but I tried comming up with real plausible examples of what you might get asked to do, and apparently we have to do anything a cop tells us, even if it means incriminating ourselves? It's so darn confusing. A cop can lie to us and its perfectly legal. What keeps them from lieing about a lawful order? Darn confusing...
An Order is a Seizure. You are not free to go, and furthermore, you are not in control of your own person.
It requires RAS or PC to be a lawful order, just like any other seizure... Absent that, it isn't a lawful order.
Some are misunderstanding that a 'lawful order' isn't merely a non-criminal order. They have to have RAS or PC to justify control over you. Absent that, they have no authority and their orders are not lawful.
"I will not resist, but I do not consent to your illegal actions/orders. I comply only because you are threatening/attacking me." Then follow the unlawful order. Record it. Use it later to whatever extent you feel appropriate.
Or do nothing. You deserve what you tolerate...
When given an order, there is no doubt that you have been seized. Where is the RAS/PC? And Order is MORE than being detained.
How this applies to a clearly unconstitutional Checkpoint system that your State has decided to allow, I don't know... I'm not aware of it being tested.
Last edited by ixtow; 06-27-2011 at 12:32 AM.
"The fourth man's dark, accusing song had scratched our comfort hard and long..."
"Be not intimidated ... nor suffer yourselves to be wheedled out of your Liberties by any pretense of Politeness, Delicacy, or Decency. These, as they are often used, are but three different names for Hypocrisy, Chicanery, and Cowardice." - John Adams
Tyranny with Manners is still Tyranny.
Been there, done that, went to jail.
There is definitely no statute that says you must roll down your window. There is almost certainly (me and my attorney are scouring cases) no case law that says so. There is a lot of case law that says you may refuse a search and your refusal may not be used against you. There are a lot of statutes and codes which say you must obey a lawful order. (Some of those are void because they are vague.) Some cops think whatever order they give is a lawful order.