A video uploaded to YouTube this week shows a man filming his DUI checkpoint refusal. However, this refusal is unlike any the Free Thought Project has come across before.
As he engages with the officer, the man is told he is at a DUI checkpoint and he needs to present his license and insurance. Naturally wondering why or how one’s license and insurance could prove sobriety, the man proceeds to mentally dominate the officer.
“What state law allows for that?” asks the man.
“It’s just a state….law…that we can do that,” fumbles the officer.
When the man tells the officer that it is not “federally legal,” referring to the 4th Amendment to the constitution which is supposed to protect citizens from unreasonable searches and seizures, the cop admits he knows nothing about such things.
“I’m not up to speed on that (the constitution), I just incite….take care of things….and he’ll talk to you up there,” says Deputy Darren.
After admitting that this is more of a “Papers please!” checkpoint than a DUI checkpoint, the man filming is told to move forward into the secondary area to speak to the supervisor. At this point, something awesome is about to happen.
When the man pulls forward, he says, “Can I use the restroom up here?”
The officer responds, “Did they tell you to come in here?”
“Yes,” replies the man.
“Alright, do you have your driver’s license, insurance, and registration?” asks the officer.
“I do.” replies the man.
“Why did they tell you to come in here then?” asks the officer.
Then, as the man begins to answer, “Because I have to p…” — “Oh the restroom?” interrupts the officer. “Yeah, you can go. This is a checkpoint. That’s why I was wondering.”
Realizing the epic nature of what he just accomplished, the man plays along. “Okay, am I supposed to access that a different way?”
“Yeah, you’re supposed to go up there, but you can go up here, and just go straight, you’re fine,” instructs the officer.
Just like that, an unconstitutional checkpoint was avoided, and rights were upheld — albeit, in the most unique and fantastic way we’ve ever seen.
Sobriety checkpoints — also known as DUI checkpoints — are the most common roadblocks you might encounter. They function as a general purpose investigatory tactic where police can get a close look at passing motorists by detaining them briefly. A roadblock stop is quick, but it gives police a chance to check tags and licenses, while also giving officers a quick whiff of the driver’s breath and a chance to peer into the vehicle for a moment.
Remember that your constitutional rights still apply in a roadblock situation. Though police are permitted to stop you briefly, they may not search you or your car unless they have probable cause that you’re under the influence, or you agree to the search. As such, you are not required to answer their questions or admit to breaking the law.
Also, during DUI checkpoints in California, police will require you to show your driver’s license. If you do not, you may be charged with Vehicle Code 12951 VC failure to display your driver’s license.
Because courts have upheld the tyrannical practice of stopping anyone and everyone, regardless of guilt, does not mean that it is just.
Because of the unjust nature of DUI and Driver’s license checkpoints, individuals from coast to coast have formed an entire realm of activism known as DUI or Checkpoint refusal. For years, the Free Thought Project has been covering this form of activism and promoting the brave men and women who dare stand up to the police state.