Question about the 4th ammendment

[WRESTLINGFAN]

Last night on my way home There was a DWI Checkpoint on the parkway. I was coming back from the movies so I was not worried about that. Didnt have an ounce of alcohol last night. However when the cops stopped my car to do their check I was asked question after question like Where I was going, Where I was coming from, Who was I with etc. The flashlight was shined throughout the inside of my car. I was tired and I just wanted to get home so I answered everything the cop asked.

My question is do I have to answer all those questions or can I say that its none of his business, but in a more respectful way. I was not doing anything wrong I had nothing to hide but at the same time being asked all these questions seems like too much.

[Snoogans]

Last night on my way home There was a DWI Checkpoint on the parkway. I was coming back from the movies so I was not worried about that. Didnt have an ounce of alcohol last night. However when the cops stopped my car to do their check I was asked question after question like Where I was going, Where I was coming from, Who was I with etc. The flashlight was shined throughout the inside of my car. I was tired and I just wanted to get home so I answered everything the cop asked.

My question is do I have to answer all those questions or can I say that its none of his business, but in a more respectful way. I was not doing anything wrong I had nothing to hide but at the same time being asked all these questions seems like too much.

you can say you dont want to answer. But it's probably not a good idea

[JimBeam]

I don't think legally they can do anything to you if you " sass " them but it's never a good idea.

If you get off on the wrong foot, and truely have nothing to hide, by being a dick you've now given them a reason to look for problems.

You could go from just the routine questions to them running you through the whole field sobriety test and maybe even taking you in just to break your balls.

Sure they couldn't hold you on anything but it could cost you a few hours of your time.

It's best to just go w/ the flow.

As far as why they can stop you in your car, as opposed to just walking down the street, I'm sure that's covered in some fine print when you apply for your license.

There has to be some probably cause for a DUI stop so the checkpoints are usually shrouded in an insurance/registration verification stop.

[FMdoug]

You don't have to answer the questions, but then that gives them probable cause or even reasonable suspicion to stop you even further and possibly even arrest you just to be annoying.

Generally the cops can stop you on the street and ask you any question with out any individual suspicion whatsoever. They don't even have to tell you that you can leave when you want. It's something you should just know. Until the cops actually detain you (i.e. you can't leave, coersion, etc) then they haven't done anything wrong.

The cops can set up any type of checkopint as long as the potential interference with legitimate traffic is minimal and the checkpoint operations involve a less discretionary enforcement activity. But without reasonable suspicion they can't looka tyour license or reg.

DUI Checkpoints - the checkpoint is determined by guidelines and cops have to check every car coming through. the point of the checkpoint is to address the serious drunken driven problem so there has to be support in the reocrd for law enforcement judgment that such checkpoints were among the resaonble alternatvies for dealing with the problem

These stops have nothing to do with fine print. It was all basically interpretation of the 4th amendment through the judiciary. Just remember, if you are dealing with the cops and you fuck with them, they can hold you for up to 48 hours to do a background check. The can bring you in on a bogus charge and then just hold you, claim they couldn't make something stick and then release you later. All you are doing is wasting your time and theirs by BSing.

Or you can just drive down the block before the checkpoint. That is another way to avoid it.

[Yuppie_Scum]

Stationary, temporary DWI checkpoints are considered reasonable seizures are therefore OK under the 4th Amendment. They are reasonable because they have a purpose other than law enforcement -- in this case, maintaining the safety of the roads. The seizures are only reasonable, however, if they are brief. How brief? Hard to say.

Without an independent source of reasonable suspicion/probable cause, a person's refusal to answer police questions cannot alone be grounds for probable cause/ reasonable suspicion to detain you further. If this were the case, then the right not to answer police questions wouldn't really amount to much, would it?

The only caveat to this rule is if the manner of your refusal to answer questions itself gives rise to probable cause. The manner of the denial would have to be extremely odd for a court to find that this alone was a grounds for probable cause.

[scottinnj]

You can legally say none of your business. Then they'll smash your taillight and give you a mechanical violation citation.


It's true, I saw it in a movie.

[mdr55]

Maybe they were assessing if you were drunk or intoxicated. The more you talk, they assess the smell of alcohol coming out of your breath when you talk, check your eye pupils and dialtion, slurring of speech and maybe some slow or delayed thinking.

[Snacks]

You don't have to answer the questions, but then that gives them probable cause or even reasonable suspicion to stop you even further and possibly even arrest you just to be annoying.

Generally the cops can stop you on the street and ask you any question with out any individual suspicion whatsoever. They don't even have to tell you that you can leave when you want. It's something you should just know. Until the cops actually detain you (i.e. you can't leave, coersion, etc) then they haven't done anything wrong.

The cops can set up any type of checkopint as long as the potential interference with legitimate traffic is minimal and the checkpoint operations involve a less discretionary enforcement activity. But without reasonable suspicion they can't looka tyour license or reg.

DUI Checkpoints - the checkpoint is determined by guidelines and cops have to check every car coming through. the point of the checkpoint is to address the serious drunken driven problem so there has to be support in the reocrd for law enforcement judgment that such checkpoints were among the resaonble alternatvies for dealing with the problem

These stops have nothing to do with fine print. It was all basically interpretation of the 4th amendment through the judiciary. Just remember, if you are dealing with the cops and you fuck with them, they can hold you for up to 48 hours to do a background check. The can bring you in on a bogus charge and then just hold you, claim they couldn't make something stick and then release you later. All you are doing is wasting your time and theirs by BSing.
Or you can just drive down the block before the checkpoint. That is another way to avoid it.

And people wonder why so many hate cops. If you tell a cop none of you business then that should be it. They shouldn't be able to harass you. When shit like this happens there is nothing us everyday folk can do and that is on of the problems. Another problem is they think they deserve more respect then they really do.