Legally Refusing Questions at a DUI Checkpoint Leads to Arrest and Illegal Search of Sober Man’s Belongings

Sennett Devermont, of http://www.mrcheckpoint.com, shared the following video of a DUI checkpoint encounter in 2011.

As I went through a DUI Checkpoint, I told the officer, as it was my right, that I did not want to answer his leading questions. As a result, he, apparently, got a whiff of alcohol. He asked me to step out of the car, where I was humiliated and harassed by multiple officers. They misinformed me of my rights and eventually had me blow into a breathalyzer, which I did twice. I blew 0.00 both times.

EPN

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  • t.

    So…Mr Checkpoint. How interesting. So you don’t dispute that the officers could smell alcohol coming from your person right? Do you splash a little under each pit hoping for what happened? Sounds like the police did everything right. You won’t talk, you refuse SFST’s, you refuse a PBT. (People can do the same where I work). That kind of calls the officer hand so to speak. In a checkpoint situation, there won’t be any driving information….so that would just leave the tests, the odor / plain site observations, and any statements. You chose to eliminate 2 out of 3. In a traffic stop situation, I can see you may have a bitch. At a checkpoint, your own a tip s got you were you ended up. More evidence that not talkin to the police is really bad advice. Thanks for the help.

  • Call it out

    Really? So you know more than the Harvard Law Professor who said that you should never talk to the police, period.

    Whoever it was that said most of the so called cops on this site are fake-ass wannabes was right.

  • Korri

    Call it out…I was thinking of the same professor as I read his comment. t. clearly has not got a clue. So here, maybe this will help him out…

    http://www.youtube.com/watch?v=6wXkI4t7nuc

  • t.

    Maybe. Maybe not. My advice is trying to keep you from being arrested, his is a pretty sure fire way to get arrested. You follow which ever one you want. Is funny that those that tell people to never talk to the police seldom have any contact with us. But do whatever you like. But my first assessment of this video is still spot on.

  • T

    your advice is kiss the LEO’s feet at all times….

  • kobold

    With all those cops on a power trip and cursing or ordering drivers out of car etc I feel like I want to tell them to go and suck my haemorrhoids – right after I dumped a load. Was only stopped twice while driving and both were polite – but then again this was in the 60’s

  • Centurion

    @ moronic, dont know what shes talking about mul(t)i personality disorder. Check points under the rule of Law is a Violation of your Constitutional Right not to be subject to Warrantless Searches. Check points are mandated by the Towns Safetey instruction program from the States requirements to teach safetey to the public. Its a Warrantless stop and hold without probable cause and Violates your constitutional right to free travel, your right to free travel Mandated by the Continental Congress as written , cannot be changed,hindered or violated as rule of Law and any bullshit badge dweeb should be Citezen Arrested for felonous assault and holding a peaceful person against their will and illegal use of aggrevative power under color of authority both of wich are class B felonies. Take a large Tampon (cotex) and right the first 5 Amendments and hopefully youll actually learn what this countries real law history is for your dropped out uneducated moronic ass covered with sasquatch matted unclean sperm filled hair.

  • Chris Mallory

    Once he blew 0.00, twice even, every cop involved should have been fired. Then they need to be blacklisted from ever again taking any kind of government employment.

    I am sure they might be qualified to pick up cans on the side of the road. I would suggest mucking out stables, but I would not trust the typical cop to not molest farm animals given the chance.

    All cops lie, all the time.

    Disarm cops for a safer America.

  • Centurion

    NOTE: To everyone, when Police or public officials violate your rights . If it is classified as a Felony file a citezens arrest charge with your states attorneys office. When a judge violates your rights or hinders your right to defense in anyway file a charge with your states Judicial Conduct Committee. When Police operate in a corruptive manor torward you file a Lawsuit in Superior Court. When the court gets enough of them the Police will chill out and they will know that they answer to the public not the other way around. When you get stopped by a Police check point do all the above. Take the Governing authority of that particular Police Dept.s Employer wich is the Town or City , in some States the State witch governs County Sherriffs. Fight back 63 percent of superior court Judges will rule in your favor . Fuck district circuit courts. Cops ,prosecuters and Judges in regular cicuit district courts all know each other in a conflict of interest nature. Go U.S. District Court and Superior. Even if you loose it ties up the system and forces them to spend alot of money and shows underauthorities that you have jurisdiction over them. I say under authority because according to the constition and most State Constitutions specifically states public officials answer to you and are accountable to you not the other way arround., PERIOD good luck and fight the fuck back you fucking pussies. Get the fuck off your xboxes off your dam bongs and fight the fuck back .

  • Centurion

    @ Chris , they can be meter maids in Keene NH then try to sue you for a 50 ft freedom zone because they were pussies with a badge and a gun and they can be pussies with a badge and a note pad and a tire boot.
    LOL Cops are wannabe soldiers with a micro managing power trip. But nicely said true to fucking that.

  • Jumpinjimmyjack

    T…you and your kind’s days and tactics are numbered. The citizens…your supervisors…. are fed up. Please find another line of work as you are not needed at yours. You lack honor and integrity and bring shame upon yourselves an your country.

    We the people turn our backs upon you.

  • t.

    Jack: Feel free to turn all you’d like. Society wants more and more of me….to keep you away from them. Stick that in your bong and smoke it. Your assessment of the real world is based n you only viewing sites and talking with people that share your same thoughts. That doesn’t mean its wide spread. That one of the biggest failings of the OWS crowd…they think that there is widespread soppurt form them…when almost no one cares.

  • steve

    Yes the days of respect for the lawman are over and done. Nobody waves to them in appreciation any more because if you do it just becomes a suspesious stop.

  • RadicalDude

    I wave to them with my middle finger. I hope they don’t take personal offense, it’s really to protest the institution, nothing against them as individuals.

  • The middle finger way is my favorite. Calling them a piece of shit pig is also fun.

  • Ariel

    “Society wants more and more of me”

    So did the Soviet Union and Franco’s Spain It’s not something to hang your hat on but then you don’t know the fallacy of numbers or even where to hang your hat throughout the day.

    Would you like a society where every 4th person was a LEO? They want more and more of you, out of fear because most of them don’t know that crime is lower than in anytime in the last 40 years (which is all about the prison state, LEO vigilance, and nothing to do with shifting demographics) so when is it ever enough? Think of how many people could be protected if we had 75,000,000 LEOs? And how good society would be? Wouldn’t we just be perfect?

    BTW, that was a reductio ad absurdum argument, but only to illustrate your absurdity.

  • Ariel

    Sometimes I can’t let go of something. In 1969 the median age was just below 28 (a low point by baby boom), in 1994 it was 34, by 2010 it reached 37.4 (high points because of the baby boom). The major factor in decreasing crime rates is aging.

    I’m not claiming sole factor, I don’t have the hubris.

  • t.

    Ariel: What scolding you gave me huh? Ouch. Well, not really. Your “argument” ignores reality, shocking.

  • t.

    Dude and Dorner: No youmdotn. You both are keyboard bullies and cowards in the street. Most likely the only contact either of you have had with the police is a raided party when you were n high school. So juvenile.

  • Ariel

    “Ariel: What scolding you gave me huh? Ouch. Well, not really. Your “argument” ignores reality, shocking.” Yawn. Nothing addressed, nothing argued, nothing said, no meaning. Yawn. (It actually did make me yawn, I wasn’t being rhetorical. But I was being bored.)

  • t.

    i want more attention … give it to me now !!!!

  • Common Sense

    Hey Centy’s back! What’s new ya crazy fucker?

  • Common Sense

    Ariel,

    Just an addition to you theory in the reduction of crime, see the “Freakonomics” topic about abortion and crime rates. Not 100% spot on but interesting.

  • Call it out

    “Is funny that those that tell people to never talk to the police seldom have any contact with us.”

    That is the stupidest comment I have ever seen on this site. Of course the ones who advocate no contact with the police rarely have contact with the police, they’re following their own advice.

  • Keith

    According to the law, the cops were in the right. The problem is, the checkpoint is a violation and should never be done. There is no probably cause, and using the “random check” arguement is bullshit since, even randomly, we are afforded constitutional rights.

  • Outlier

    Just speaking with cops has got me out of far more trouble than it has put me in.
    While this isn’t carte blanche to simply blurt out any bit of stream-of-conscience nonsense that crosses your mind, sitting silently when questioned always looks a little suspicious in any context. Pride is your enemy here. The appearance of complicity is growing more important.

    @t – You’re unfortunately right, there really isn’t much else the officer can do there. We unfortunately must trust that the officer “smelled alcohol.” While a rather convenient turn of events that could be easily used to express his displeasure on someone who was not instantly complying, it is also possible to be a legitimate judgement call.

  • t.

    Out: Did you find your message yet? Again, don’t talk. Imdont care. That leaves me free to just go on the rest of the available facts / statements. Don’t complain when you get arrested.

  • Outlier

    @t – I guess I didn’t. I am here to gather and share information. I understand that expressing the views you do here tends to make you a target. I didn’t point a comment at you to piss you off; I did it because I find your varied positions on the comments *interesting.*

    For a person who spends so much time not caring, you produce an awful lot of posts intended to educate and protect, sarcasm aside.

    @common sense – Freakonomics was a facinating read. There now are collaray tests regarding increasing crime rate with inner city declining abortion rates.

  • irish_bastard

    I love this “t” clown. Clamoring for more attention and acting like an idiot. You sound like my worthless bro-in-law that’s a pig in Las Vegas. Full of nonsensical justification for police misconduct and more bullh*t and lies than I care to be a part of. Ironically he goes by T too. Two peas in a pod full of stupid. Maybe you should get together and go bowling.

  • RadicalDude

    “t. says:
    July 10, 2013 at 7:45 am

    Dude and Dorner: No youmdotn. You both are keyboard bullies and cowards in the street. Most likely the only contact either of you have had with the police is a raided party when you were n high school. So juvenile.”

    First off, how am I a bully? Also, I have been harassed multiple times by the cops. I have already sued the cops twice now. If I flip the cops off, I don’t mean it to insult them personally, I do it to protest police brutality, I hope they don’t take personal offense to it.

  • steve

    Ariel brings forth the name of Franco of Spain, he was actually the last of the axis power mongers upon his death . I was there in Spain when that asshole Franco died.It was crazy and you had to watch your ass.I was in the military with a good long stop over in Spain at the time.

  • Centurion

    The only one abortion I care about is the one t AKA Common Senses mom didnt get before he was born .

  • Ariel

    Common Sense,

    I’ve read a few critiques of Freakonomics and the methodology, so I take it with a grain of salt. However, there have been over 53,000,000 abortions since Roe v Wade and that certainly has reduced the number in the pool most disposed to crime.

  • Ariel

    Steve,

    Franco’s Spain was officially neutral in WWII (though that didn’t stop the Blue Division in the Wehrmacht, made up of Spanish “volunteers” dressed in Spanish fascist blue). Franco’s Spain may have had affection for the Axis, but it wasn’t formally part of it.

    Franco was a fascist and thus a power-mongering asshole. The Communist leaders fall into the same category of power-mongering assholes.

  • t.

    Dude: Your lawsuits are very violent.

  • Common Sense

    Calm down Centy, we don’t want to have to call your doctor again do we?

  • Common Sense

    Ariel,

    Its just an interesting take on a given topic. One can make a reasonable leap from that missing age group to crime. Certainly not a 100% conclusion, but interesting no doubt.

  • RadicalDude

    “t. says:
    July 11, 2013 at 7:41 am

    Dude: Your lawsuits are very violent.”

    The violence was initiated by the defendants, not by me. The lawsuit is just a response to the violent attack.

  • t.

    No no no. Itmdoesnt work like that. You are lashing out at people.

    I am of course joking. But sadly, you aren’t with all your nonsense.