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illegal Tahoe roadblock

DON`T TREAD ON ME

Regular Member
Joined
May 17, 2009
Messages
1,231
Location
Las Vegas, Nevada, USA
(snip)

Hey Tread, do you have a covers-it-all resource for this in Nevada? I would like to have something like the Trifold specific to these checkpoints. How cool would it be to hand them out to people waiting in line at a checkpoint?

"This is an illegal checkpoint. After you have finished your unlawful detention here today, feel free to peruse this pamphlet at your leisure, to find out how you have been violated. It's a real eye-opener"

I am not well versed in these checkpoints, and would love to have a go-to document for such things. You seem to be an excellent candidate to put something together. Yaknow, in your spare time. ;)

I built one for Motorcycle only checkpoints, And had ambition of building a DUI Checkpoint informational, DUI Checkpoints are starting to fade, probably for a couple of reasons... They are extremely expensive, yield few results, and the cops are "Sitting Ducks" While I dont neccessarily mean from an ambush, that is also a possibility that I do not believe they consider. By sitting ducks, I mean the Government cannot hide from the people and still remain relevant. So they generally adapt by finding ways of making us go away. When we don't go away they are usually forced into reteat. I believe that Interdiction stops are the way Law enforcement is heading. (do not google the term if you are quick to anger.)
If you want the Motorcycle Checkpoint guide, it is still fairly relevant Just email me dave@guerrillalawfare.com and I will fire it off.
 

DON`T TREAD ON ME

Regular Member
Joined
May 17, 2009
Messages
1,231
Location
Las Vegas, Nevada, USA
Response from Director Perry,

Mr. Stilwell:
Thanks for the information on the referenced checkpoint. I am forwarding this to Colonel Abney, the Chief of the Highway Patrol Division. He will be in touch with you to discuss your concerns.
Respectfully,
Chris Perry
 

Yard Sale

Regular Member
Joined
Feb 13, 2010
Messages
708
Location
Northern Nevada, ,
I will take action on this when I have more time. Right now I am heavily involved in my appeal of my conviction for declining consent to search at a previous roadblock.

They committed a crime and it's my understanding the Washoe sheriff has jurisdiction, so I must report the crime at the office on Parr in Reno. However, a member of this forum has indicated they have threatened arrest for open carry in their office.
 

Lostlittlerobot

Regular Member
Joined
Aug 25, 2009
Messages
260
Location
Las Vegas, Nevada, USA
Response from Director Perry,

Mr. Stilwell:
Thanks for the information on the referenced checkpoint. I am forwarding this to Colonel Abney, the Chief of the Highway Patrol Division. He will be in touch with you to discuss your concerns.
Respectfully,
Chris Perry

Wow - great job, I loved your letter you sent. Please keep us up to date on this. Great job. Grr I wish I had sent a letter now just like yours!
 

Yard Sale

Regular Member
Joined
Feb 13, 2010
Messages
708
Location
Northern Nevada, ,
If anybody can, via public records request, get the names and addresses of anybody arrested at this roadblock, I will contact them and their attorneys and offer myself as a witness and my video as evidence. I haven't seen a post-event press release claiming arrests.
 

DON`T TREAD ON ME

Regular Member
Joined
May 17, 2009
Messages
1,231
Location
Las Vegas, Nevada, USA
I got a response back fom the Colonel of NHP, but it was political in Nature so I asked him some good Questions I will share at a later date (when I get a Response.)

Wow - great job, I loved your letter you sent. Please keep us up to date on this. Great job. Grr I wish I had sent a letter now just like yours!

Its not too late for anyone. I think it is a great time to send letters from all sides, If you do not fight it, you consented!
 

countryclubjoe

Regular Member
Joined
Mar 3, 2013
Messages
2,505
Location
nj
I believe 20 minutes is the allotted time that LE can detain a citizen during a routine traffic stop..
There is a Supreme Court ruling on the subject. I will look it up and post.
Regards
CCJ
 

Firearms Iinstuctor

Regular Member
Joined
Jul 12, 2011
Messages
3,430
Location
northern wis
I believe 20 minutes is the allotted time that LE can detain a citizen during a routine traffic stop..
There is a Supreme Court ruling on the subject. I will look it up and post.
Regards
CCJ

There is not a set number of minutes to conduct a traffic stop it all hinges on a reasonable time to conduit the necessary business a simple warning with the computer running fast might only be a few. A drunk driver with warrants and more could take a lot longer. An inspection of an CMV could be a couple hours.

If required it is up to the officer to justify the time spent. Purposely prolonging a traffic stop to further law enforcement actively has been ruled unconstitutional.

Example holding a driver longer to wait for a K9 sniff then would be necessary to conduct normal business has been ruled unconstitutional.

Traffic stops can have a lot similarities but each one has to be judge on its own merits as to whether it took long or not.
 
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countryclubjoe

Regular Member
Joined
Mar 3, 2013
Messages
2,505
Location
nj
If found, pm that u posted it ... thx in advance
Unable to locate the 20 minute rule... However here is the best case law on the subject of road blocks and border stops...
Also the Supremes use the term "reasonable detainment" in theses cases...

Brown V Texas - 443 U.S. 47 S.ct 2637 (1979) The Supremes ruled that petitioner Brown WAS NOT REQUIRED TO SHOW ID TO POLICE.. Simply because he was walking in a high crime rate area...

Michigan Department of State Police v Sitz 496 U.S. 110 S.Ct 2481 ( 1990) Here the Court ruled that sobriety check points DID NOT VIOLATE A CITIZENS 4th A right... However the sobriety check points were to used for detecting drunk drivers only, not for other random crimes...

Delaware V Prouse (1979)

City of Indianapolis V Edmund (2000) Again the justices ruled that narcotics check points were a violation of the 4th A

Each case has different elements to consider...

Very interesting reading.

Regards
CCJ
 

MAC702

Campaign Veteran
Joined
Jul 31, 2011
Messages
6,331
Location
Nevada
60 minutes per NRS 171.123

Note that 60 minutes is the maximum. It is not an allowed time if the officer does not NEED it.

NRS 171.123 said:
Temporary detention by peace officer of person suspected of criminal behavior or of violating conditions of parole or probation: Limitations.
1.  Any peace officer may detain any person whom the officer encounters under circumstances which reasonably indicate that the person has committed, is committing or is about to commit a crime.
...
4.  A person must not be detained longer than is reasonably necessary to effect the purposes of this section, and in no event longer than 60 minutes...

All should please note that some in here are offering legal answers not based on Nevada laws.
 
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rickyray9

Regular Member
Joined
Mar 29, 2009
Messages
109
Location
Northern Nevada
There is not set number of minutes to conduct a traffic stop it all hinges on a reasonable time to conduit the necessary business a simple warning with the computer running fast might only be a few. A drunk driver with warrants and more could take a lot longer. An inspection of an CMV could be a couple hours.

Incorrect. This is the Nevada forum and in Nevada it is sixty minutes maximum with no ifs, ands, or buts. from the time of the traffic stop you are being detained, and if the officer doesn't make an arrest or release you within those sixty minutes, it is an unlawful detainment.
NRS 171.123 "A person must not be detained longer than is reasonably necessary to effect the purposes of this section, and in no event longer than 60 minutes."
 

28kfps

Regular Member
Joined
Aug 1, 2012
Messages
1,534
Location
Pointy end and slightly to the left
Incorrect. This is the Nevada forum and in Nevada it is sixty minutes maximum with no ifs, ands, or buts. from the time of the traffic stop you are being detained, and if the officer doesn't make an arrest or release you within those sixty minutes, it is an unlawful detainment.
NRS 171.123 "A person must not be detained longer than is reasonably necessary to effect the purposes of this section, and in no event longer than 60 minutes."

Good info now we have been told twice.
 
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