| Author |
Topic:
DUI Checkpoint refusal [Locked] |
Koneg  Title: Evil Genius
Posts: 894
Registered: 2001-12-4 15:31:28
|
Date Posted:
1/1/00 12:00am
Subject:
DUI Checkpoint refusal |
Ashmaele posted:
Your 5th Amendment rights are safe, unless of course they aren't
Uhm, what does the 5th amendment have to do with it?
You are not providing testimony when they fingerprint you. You are not providing testimony when they take your mug shot. You are not providing testimony when they take a blood sample, breathalyze you, DNA test you, swab your hands for gunpowder residue, or any other form of physical evidence gathering.
Physical evidence != 5th Amendment. If you are not speaking it or writing it down you are not providing them with testimony which may be used against you later.
-----signature-----
* First rule of a gun fight: Have a gun.
|
"Any sufficiently advanced idiocy is
indistinguishable from trolling." -- Arthur C Clarke
|
Ashmaele  Title: Pastor of Muppets
Posts: 1,809
Registered: 2002-1-15 08:30:50
|
Date Posted:
1/1/00 12:00am
Subject:
DUI Checkpoint refusal |
Koneg posted:
Ashmaele posted:
Your 5th Amendment rights are safe, unless of course they aren't
Uhm, what does the 5th amendment have to do with it?
You are not providing testimony when they fingerprint you. You are not providing testimony when they take your mug shot. You are not providing testimony when they take a blood sample, breathalyze you, DNA test you, swab your hands for gunpowder residue, or any other form of physical evidence gathering.
Physical evidence != 5th Amendment. If you are not speaking it or writing it down you are not providing them with testimony which may be used against you later.
Is the 5th Amendment privilege limited to verbal testimony? Self incrimination can take many forms.
Also, did you read the link?
(Incidentally, I realize that you are correct, the courts have long since ruled on this matter, which is what the guy in the link I posted discusses)
-----signature-----
I had a dream. It was an incredible dream. When I awoke, I had a huge mess to clean up.
|
Koneg Title: Evil Genius
Posts: 894
Registered: 2001-12-4 15:31:28
|
Date Posted:
1/1/00 12:00am
Subject:
DUI Checkpoint refusal |
Ashmaele posted:
Is the 5th Amendment privilege limited to verbal testimony?
Verbal or written. That's it.
Ashmaele posted:
Also, did you read the link?
I skimmed the first page, but we've had this discussion about a half-zillion times here already.
-----signature-----
* First rule of a gun fight: Have a gun.
|
"Any sufficiently advanced idiocy is
indistinguishable from trolling." -- Arthur C Clarke
|
Ashmaele Title: Pastor of Muppets
Posts: 1,809
Registered: 2002-1-15 08:30:50
|
Date Posted:
1/1/00 12:00am
Subject:
DUI Checkpoint refusal |
Crackdoc posted:
As a personal note, I think all Random Stops smack of Fascism -
So did America's founding fathers. They abhorred blanket searches, which is the whole point in them requiring the government to have a warrant before searching people.
-----signature-----
I had a dream. It was an incredible dream. When I awoke, I had a huge mess to clean up.
|
Yukishiro1 Posts: 3,243
Registered: 2002-9-20 23:52:57
|
Date Posted:
1/1/00 12:00am
Subject:
DUI Checkpoint refusal |
Ashmaele posted:
The DUI Exception
Your 5th Amendment rights are safe, unless of course they aren't
I think the 5th amendment bit is the least important bit of that guy's rant. His claims about the science of the breathalyzer machines are genuinely disturbing and if true would change my view of the system.
|
Modeeb Title: A Ghost In The Machine
Posts: 1,258
Registered: 2002-4-19 10:48:36
|
Date Posted:
1/1/00 12:00am
Subject:
DUI Checkpoint refusal |
Go see Rampart My cousin was a police commander at this district during the time this film took place. Some cops make up their own rules.
-----signature-----
"What is here is there. What is not here is nowhere." Vishvasara Tantra
"Ever tried, Ever Failed. No matter. Try Again.
Fail Again. Fail Better. Samuel Beckett
|
DemonicXH Title: Camelot Vault Staff
News Editor
Posts: 584
Registered: 2003-12-1 08:14:17
|
Date Posted:
1/1/00 12:00am
Subject:
DUI Checkpoint refusal |
|
Absolute power corrupts absolutely.
|
Bowlartz  Title: Offical VN Tin Foil Hat Supplier
Posts: 221
Registered: 2006-1-4 19:59:15
|
Date Posted:
1/1/00 12:00am
Subject:
DUI Checkpoint refusal |
ZigmundZag posted:
Bowlartz posted:
ZigmundZag posted:
That's true of traffic stops, but a DUI is a misdemeanor offense and they're performing searches with no probable cause. It's a legal grey area at best.
There is no legal grey area.
"By a 6-3 decision in Michigan Dept. of State Police v. Sitz (1990), the United States Supreme Court found properly conducted sobriety checkpoints to be constitutional."
Yes, but do you have to answer the officer's questions? Of course not. Now IF you choose this route, a professional officer may realize that your silence should not be self-incriminating. A less professional one may find you to be acting irrationally or resisting a lawful order and force you out of the car. Like I said, you may get a victory in court a year later, but it's not really going to be worth it.
You don't have to answer any questions beyond your name, you must give your name if asked which is also a Supreme Court ruling.
"The name disclosure was considered by the U.S. Supreme Court in Hiibel v. Sixth Judicial District Court of Nevada, 542 U.S. 177 (2004), which held that the name disclosure did not violate the Fourth Amendment prohibition on unreasonable searches and seizures. The Hiibel Court also held that, because Hiibel had no reasonable belief that his name would be used to incriminate him, the name disclosure did not violate the Fifth Amendment right against self-incrimination;"
-----signature-----
Fellow Conservatives, put your money
where your forum mouth is...
http://www.kiva.org/
Lend a little to entrepreneurs around the world so
that they can show the world how it works...
|
|
|
Date Posted:
1/1/00 12:00am
Subject:
DUI Checkpoint refusal |
Yukishiro1 posted:
Ashmaele posted:
The DUI Exception
Your 5th Amendment rights are safe, unless of course they aren't
I think the 5th amendment bit is the least important bit of that guy's rant. His claims about the science of the breathalyzer machines are genuinely disturbing and if true would change my view of the system.
I find myself unswayed by his biased presentation of partial information designed to win his argument rather than present a balanced and informed explanation. He makes his bones defending DUI cases. I know that some prosecutors don't even bother pursuing DUI cases where the blow falls within the margin of error of the machine, meaning they take a blow of at least .12% to bust in a 0.08% state.
-----signature-----
I radiate more heat than light.
I know what you're trying to do but you're just sailing another failboat over the falls. - imaloon1
|
RHWarrior Posts: 770
Registered: 2009-9-30 18:42:12
|
Date Posted:
1/1/00 12:00am
Subject:
DUI Checkpoint refusal |
tl;dr
1. Don't be an idiot and an asshole - don't drink/do drugs and drive.
2. See 1.
-----signature-----
"Drink coffee - do stupids things faster with more energy! ...and I'm all out of beans..." -me
"  ou guys need to stop dick riding wow and compare everything to it. It never invented a godamn thing, just made it popular. " -tinkly |
|
