OC for ME
Regular Member
I don't use OEO.Well oc I would agree. Except last I checked it was found constitutional. In fact if your so certain its not, then go through one. Get arrested then appeal and show us all how unconstitutional it is. Your not the first guy to claim it isn't. They modified it so it does hold up. You leave out the part its designed a certain way (ie. Placement of checkpoint, notification, etc.) As to meet the constitutionality requirements.
For the record I don't even work DUI checkpoints and this literally doesn't affect me personally in any way. This is me just calling out bogus claims.
I get it you may not AGREE with it or many other things. I actually respect that believe it or not. But to just label stuff you disagree with as "unconstitutional" just isn't accurate. Even if its honest to god your opinion it isn't and you've spent days or weeks researching it, doesn't change it. Its still opinion.
I'm starting to believe more and more words get tossed around for flavor more then accuracy. Like tyrant, oppression, unconstitutional, etc.
Again I respect your personal opinion (more then some guys on here) but opinion is not fact. Remember the OEO thing?
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Checkpoints are unconstitutional no matter what any court says and you know this to be true. The manner in which they are conducted has been tweaked because the checkpoint is unconstitutional. How on earth any cop, who may have sworn a oath to "support and/or defend the constitution", falls back on "it's constitutional if done just the right way" escapes me.
The random stopping of a citizen without RAS is beyond me. How is a checkpoint different than you randomly stopping a traveling citizen? The court(s) opinion is the difference you may say? BS. The concept is the same whether you are moving (you randomly stopping a motorist to check for beer breath) or you are stopped already (stopping motorists and checking for beer breath).
Your inability to discern, or acknowledge, the irony and hypocrisy does not escape many folks around here.
You are advocating that the citizen, by not going around the checkpoint, has agreed to the unwarranted detention.
Treat a checkpoint as any other unwanted and unwarranted cop detention. "I do not consent to this encounter." "Am I free to go?" Make those two statements and see what happens.
Note: I have two signs, laminated, that show those two phrases, that are above the visor in my vehicle.....for just such a emergency. Maybe I should combine them into one. I must stop, am I compelled to interact? If I hear of one I'll give it a try and get back to you.
Of course, I could be hauled out at gun point for not "cooperating."