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The Law overstepping civil liberties/fear of Big Brother


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UsaSatsui
Title: The White Rabbit
Joined: May 25 2008
Location: Hiding
PostPosted: Jul 14 2009 02:39 pm Reply with quote Back to top

GPFontaine wrote:
Pandajuice wrote:
Again, if you have nothing to hide, then stopping at a DUI checkpoint or by CHP at a toll crossing shouldn't be any concern at all.

You are correct, but setting up a DUI checkpoint with the intent to search people for other things is illegal and an abuse of power. That is the real issue here.

That isn't what they did. Just because they didn't catch drunks doesn't mean they weren't looking for them.

Have you ever been through these things? They don't do anything really bad. They stop you, ask you a few general questions, look at your eyes, and if they can tell you're sober, let you go. They do not search your car. If they think you may be under the influence, they pull you aside for a test. Being someone who drives on main roads around midnight on big holidays, I get caught in them all the time.

All of those citations are things that you could get popped for simply for being within 10 feet of a police officer. Having a bag of weed or a gun on your car seat could get you arrested, you can get pulled over for having a light out or a faulty muffler, and police are CONSTANTLY checking license plates for people with warrants or stolen cars. In fact, I'm not entirely convinced that total number isn't an unusual one for 6 or 7 state troopers to pull up on a normal night combined, if they work for it.
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GPFontaine
Joined: Dec 06 2007
Location: Connecticut
PostPosted: Jul 14 2009 02:45 pm Reply with quote Back to top

I'm sorry, but 1100+ people pulled over and no DUIs but 100+ tickets is very unlikely unless the cops are doing something wrong. If you can't see that there is something fucked up with this situation then you might have drank too much Kool-Aid.



 
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UsaSatsui
Title: The White Rabbit
Joined: May 25 2008
Location: Hiding
PostPosted: Jul 14 2009 02:52 pm Reply with quote Back to top

...they were"not pulled over for DUI". They were detained for no more than 5 seconds while asked questions. hey weren't even taken off the road. Again, have you ever been through one of these things?

The constitutionality of them have been upheld since driving is not a right, it's a privilege, and you can avoid them simply by not driving.

Besides, what do you expect the police to do? "Good evening, sir, we're looking for people who have been drinking...hey, that's a nice gun. And is that a brick of cocaine? Okay, have a nice night!".
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Deadmau_5pra
Title: Amatuer film/podcaster
Joined: Feb 10 2009
Location: Chicago Area
PostPosted: Jul 14 2009 02:55 pm Reply with quote Back to top

GPFontaine wrote:
I'm sorry, but 1100+ people pulled over and no DUIs but 100+ tickets is very unlikely unless the cops are doing something wrong. If you can't see that there is something fucked up with this situation then you might have drank too much Kool-Aid.

Then take legal action GP, talk with someone of higher authority , if all else fails than take it to City Hall.

But is it possible your area has alot of drunk drivers? Maybe that's why they set up the checkpoint.

You gotta look at it from all sides.


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GPFontaine
Joined: Dec 06 2007
Location: Connecticut
PostPosted: Jul 14 2009 03:09 pm Reply with quote Back to top

SpraCoalee, I live in Connecticut, not Florida. My area (1,000 miles away) does have a lot of drunk drivers and I am in favor of check points to stop or deter it. I am not ok with the checkpoints being used to further other objectives though unless a judge orders it.



 
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SoldierHawk
Moderator
Title: Warrior-Poet
Joined: Jan 15 2009
Location: San Diego, CA
PostPosted: Jul 14 2009 03:18 pm Reply with quote Back to top

GPFontaine wrote:
SpraCoalee, I live in Connecticut, not Florida. My area (1,000 miles away) does have a lot of drunk drivers and I am in favor of check points to stop or deter it. I am not ok with the checkpoints being used to further other objectives though unless a judge orders it.

But as Usa observed, they can't just let other lapses of the law go just because their objective is to catch drunk drivers. Its well within their prerogative to cite someone in that situation.

Its the same as a cop pulling over a car that matches the description of a stolen one. That's a perfectly legal exercise of police power, just like the checkpoints are. Even if the car isn't the one he's looking for, if the driver is drunk (for example), the cop is well within his right to arrest or cite him once that becomes obvious.


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Cattivo
Joined: Apr 14 2006
Location: Lake Michigan
PostPosted: Jul 14 2009 03:18 pm Reply with quote Back to top

I admit that that scale is a bit off-putting, but after noticing something odd about someone's behavior or the items in plain sight within their car, it becomes a "reasonable search" under the 4th amendment, GP. Would you rather them notice a suitcase bomb in the passenger seat and overlook it because the driver wasn't drunk?

Bottom line is that this is legal. The police have every right to prosecute crimes that they discover, so you're going to have to deal with it. If you don't like it, avoid major roads during such times or petition your local government to change the law.
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UsaSatsui
Title: The White Rabbit
Joined: May 25 2008
Location: Hiding
PostPosted: Jul 14 2009 03:22 pm Reply with quote Back to top

GPFontaine wrote:
SpraCoalee, I live in Connecticut, not Florida. My area (1,000 miles away) does have a lot of drunk drivers and I am in favor of check points to stop or deter it. I am not ok with the checkpoints being used to further other objectives though unless a judge orders it.

GP, you continue to hold onto the assumption that the ONLY thing they're allowed to ticket for is what they stopped you for in the first place. That's not true.

If someone is pulled over for not having a broken taillight, and the police officer find the driver is drunk off his ass and has drugs in the passenger seat, you don't seriously think the police officer should let him go with a ticket because he only pulled him over for the taillight.

If police are searching a home for evidence of another crime with a warrant and find a body stashed in a freezer, you don't seriously think they should ignore it because they found it without a warrant.

There are exceptions to the fourth amendment, and one of them is for things a police officer finds while performing his other duties legally. Sobriety checkpoints are legal. So long as they don't go looking for evidence of another crime (and they do not), they can cite you for anything they can clearly see. I do not see what the problem is.

And just because they don't find any drunk drivers at the checkpoint means only that they're doing a good job of keeping drunk drivers off that particular street. Not that they weren't looking for them.
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Syd Lexia
Site Admin
Title: Pop Culture Junkie
Joined: Jul 30 2005
Location: Wakefield, MA
PostPosted: Jul 14 2009 03:32 pm Reply with quote Back to top

If you kill someone while driving drunk, it should be automatic Murder 1.

If you get caught on five non-lethal drunk driving incidents, it should be automatic Attempted Murder.

One thing I am against is license revocation, because it doesn't work. People need to get around, and if you revoke their licenses it will either a) cause hardships that dramatically decrease the quality of their lives, possibly leading to even worse criminal behavior or b) they'll drive anyway, to avoid the hardships that would be caused.
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GPFontaine
Joined: Dec 06 2007
Location: Connecticut
PostPosted: Jul 14 2009 03:37 pm Reply with quote Back to top

I am not arguing that a cop does not have the right to search once they have been given a reason to do so. What I am saying is that the numbers don't add up. First of all, I have no doubt that at least 1 in 1000 people on the fourth was drunk driving. Second, I do not believe that 100+ people could have had easily seen ticket worthy offenses. This very specific example seems like the police force was trying to push excessive amounts of tickets to gain money, not stop DUIs.



 
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Pandajuice
Title: The Power of Grayskull
Joined: Oct 30 2008
Location: US and UK
PostPosted: Jul 14 2009 03:39 pm Reply with quote Back to top

GPFontaine wrote:
You are correct, but setting up a DUI checkpoint with the intent to search people for other things is illegal and an abuse of power. That is the real issue here.

I welcome that "abuse" of power if it means there are less criminals driving around my area. I'm not a criminal and do not transport illegal drugs and weapons, so I have nothing to worry about, even if the police do deem it necessary to search my car. However, if the driver behind me is packing an arsenal in his back seat and was on his way to a convenience store, then the 10 innocent cars they searched before him were worth it, right?
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Syd Lexia
Site Admin
Title: Pop Culture Junkie
Joined: Jul 30 2005
Location: Wakefield, MA
PostPosted: Jul 14 2009 03:49 pm Reply with quote Back to top

GPFontaine wrote:
What I am saying is that the numbers don't add up.

Two men play the lottery. One man buys 1000 tickets, the other buys 1 ticket. The man who buys one ticket wins.

Sometimes the numbers just don't add up.

Also, how many people live in Gainesville? How many people visit it for the 4th? How many people normally drive in the area where the checkpoint was setup? Was the checkpoint setup near bars or restaurants with liquour licenses? There asre tons of pertinent questions you're not asking because you're too busy crying "Big Brother is watching!".
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GPFontaine
Joined: Dec 06 2007
Location: Connecticut
PostPosted: Jul 14 2009 03:53 pm Reply with quote Back to top

Pandajuice wrote:
GPFontaine wrote:
You are correct, but setting up a DUI checkpoint with the intent to search people for other things is illegal and an abuse of power. That is the real issue here.

I welcome that "abuse" of power if it means there are less criminals driving around my area. I'm not a criminal and do not transport illegal drugs and weapons, so I have nothing to worry about, even if the police do deem it necessary to search my car. However, if the driver behind me is packing an arsenal in his back seat and was on his way to a convenience store, then the 10 innocent cars they searched before him were worth it, right?

You are clearly not a member of a minority. People with power aren't always kind or just. The law is to be followed by both the general civilians as well as politicians and others in positions of power. I am fine with these searches happening as long as they are legal. Abuse of power leads to very bad things.



 
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Syd Lexia
Site Admin
Title: Pop Culture Junkie
Joined: Jul 30 2005
Location: Wakefield, MA
PostPosted: Jul 14 2009 04:19 pm Reply with quote Back to top

People *without* power aren't always kind or just. Some motherfucker might stab you just for walking through "his" neighborhood.
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Optimist With Doubts
Title: Titlating
Joined: Dec 17 2007
PostPosted: Jul 14 2009 05:32 pm Reply with quote Back to top

Gainesville is a football town, people are all kinds of nuts they may well all deserve it Bell

Seriously though these people were guilty of things though the means in which they were tried may have been dishonest.
Ice2SeeYou wrote:
It's a very common social behavior to have a few beers then drive home. Of course it requires responsibility for your actions and self control, but I think most adults are capable exercising those things and knowing their limits.

It shouldn't be common social behavior, if you want to drink get a designated driver and if you can't find one drink at home and have everyone sleep it off and leave in the morning. Where I live, it's mostly teenagers and old people, so horrible drivers. It's bad enough avoiding an accident with them so if my, or their, judgment was even the slightest impaired then lives could be lost.


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anorexorcist
Title: Polar Bear
Joined: May 21 2008
Location: The Cock and Plucket
PostPosted: Jul 14 2009 05:36 pm Reply with quote Back to top

GPFontaine wrote:
I am not arguing that a cop does not have the right to search once they have been given a reason to do so. What I am saying is that the numbers don't add up. First of all, I have no doubt that at least 1 in 1000 people on the fourth was drunk driving. Second, I do not believe that 100+ people could have had easily seen ticket worthy offenses. This very specific example seems like the police force was trying to push excessive amounts of tickets to gain money, not stop DUIs.


If people were told about the stop ahead of time, or had any idea the checkpoint was there...wouldn't it make sense that the drunk drivers avoided that road? So there would be no DUI's if the drunkards didn't go through there. The numbers don't add up, but that's a possible reason.

Gainesville is a college town is it not? Don't most people go elsewhere for the 4th? The college kids mostly back home and such?


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username
Title: owner of a lonely heart
Joined: Jul 06 2007
Location: phoenix, az usa
PostPosted: Jul 14 2009 05:52 pm Reply with quote Back to top



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Greg the White
Joined: Apr 09 2008
Location: Pennsylvania
PostPosted: Jul 15 2009 11:38 am Reply with quote Back to top

Pandajuice wrote:
GPFontaine wrote:
You are correct, but setting up a DUI checkpoint with the intent to search people for other things is illegal and an abuse of power. That is the real issue here.

I welcome that "abuse" of power if it means there are less criminals driving around my area. I'm not a criminal and do not transport illegal drugs and weapons, so I have nothing to worry about, even if the police do deem it necessary to search my car. However, if the driver behind me is packing an arsenal in his back seat and was on his way to a convenience store, then the 10 innocent cars they searched before him were worth it, right?

So, authority figures will always always be right forever and ever? Stop being naive. The law is the law, and it should be followed by everyone, not just these weird little non-arguments where people have suitcase bombs in the passenger seat.

Illegal search and seizure laws are in place because there are figures who perform searches who do not want to look like they let their law-breaking go to waste. This is why you have some redneck on a power trip baiting people into getting arrested when he knows he's wrong.


So here's to you Mrs. Robinson. People love you more- oh, nevermind.
 
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username
Title: owner of a lonely heart
Joined: Jul 06 2007
Location: phoenix, az usa
PostPosted: Jul 27 2009 10:02 pm Reply with quote Back to top

this has to do w/cops, so:
Quote:
Police Bait Car Catches "Good Samaritan"

When Mark Douglas Ledford came home on Nov. 29, 2007, to find a strange green Honda Accord parked near his house with the windows rolled down and the keys in the ignition, he suspected trouble.

Who had left the car there, and why? What if something strange was going on? Shouldn't the police investigate?

Soon after, those questions got answered. But instead of helping uncover a crime, Ledford and then-girlfriend Asia Ward found themselves arrested and accused of one.
...
The Honda was parked near the corner of Joe Sayers Avenue and Houston Street in the Brentwood neighborhood in North Austin. Ledford said he knocked on his neighbors' doors trying to find the owner, but no one knew anything about the car.

He figured it had been stolen and left there, so he called the police. According to police records, two officers arrived at 5:27 p.m. but were gone within seven minutes.

"I told them, 'Isn't it strange that someone parked their car there with the windows down and the keys in it?' " Ledford said. "Their answer was, 'It's parked legally. What's the problem?' It seemed suspicious to me, but the police were telling me they don't care."

However, the officers held back a crucial detail: The police had actually left the car there themselves.

more at the link:
http://www.statesman.com/news/content/news/stories/local/2009/07/26/0726baitcar.html


Klimbatize wrote:
I'll eat a turkey sandwich while blowing my load

 
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Greg the White
Joined: Apr 09 2008
Location: Pennsylvania
PostPosted: Jul 27 2009 10:40 pm Reply with quote Back to top

Man, just as creepy. What if he had gone into the car to find ID or something, and the cops accused him of trying to steal it?


So here's to you Mrs. Robinson. People love you more- oh, nevermind.
 
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UsaSatsui
Title: The White Rabbit
Joined: May 25 2008
Location: Hiding
PostPosted: Jul 27 2009 10:41 pm Reply with quote Back to top

Here's where this guy fails:

Quote:
They opened the car door and began a search, all of which was captured on the vehicle's video camera mounted in the dashboard. In the video, a copy of which was obtained by the American-Statesman, Ledford uses his cell phone as a flashlight to inspect the car's interior, reporting what he finds to Ward. He takes the keys out of the ignition and tries to open the trunk, which, unknown to him, is full of surveillance equipment.


At this point, he is breaking and entering into a vehicle (contrary to popular belief, you don't have to "break" something to break and enter). It's not their job to investigate suspicious vehicles. If they think the vehicle was involved with a crime, the police are the people to call. And they already called them, and since the police were unconcerned with it, it should have been their cue to butt out.

Stay out of other people's shit. Even if you're curious. Even if you're trying to "help"
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username
Title: owner of a lonely heart
Joined: Jul 06 2007
Location: phoenix, az usa
PostPosted: Jul 27 2009 10:50 pm Reply with quote Back to top

UsaSatsui wrote:
Here's where this guy fails:

Quote:
They opened the car door and began a search, all of which was captured on the vehicle's video camera mounted in the dashboard. In the video, a copy of which was obtained by the American-Statesman, Ledford uses his cell phone as a flashlight to inspect the car's interior, reporting what he finds to Ward. He takes the keys out of the ignition and tries to open the trunk, which, unknown to him, is full of surveillance equipment.


At this point, he is breaking and entering into a vehicle (contrary to popular belief, you don't have to "break" something to break and enter). It's not their job to investigate suspicious vehicles. If they think the vehicle was involved with a crime, the police are the people to call. And they already called them, and since the police were unconcerned with it, it should have been their cue to butt out.

Stay out of other people's shit. Even if you're curious. Even if you're trying to "help"

i agree w/this.

i just think its BS he got in all that trouble.


Klimbatize wrote:
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JoshWoodzy
Joined: May 22 2008
Location: Goshen, VA
PostPosted: Jul 27 2009 10:53 pm Reply with quote Back to top

I have heard multiple versions of this same exact story for over ten years.

This is quite silly. If a car was on my fucking property and the cops came and investigated and left without caring, then I would certainly look through the car. If the guy just started looking through the car before calling the cops then he is a boner. Let this thread go to sleep now.


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UsaSatsui
Title: The White Rabbit
Joined: May 25 2008
Location: Hiding
PostPosted: Jul 27 2009 10:58 pm Reply with quote Back to top

Quote:
If a car was on my fucking property and the cops came and investigated and left without caring, then I would certainly look through the car.


The car was not on his property. It was simply near his house.

If it were on his property and he couldn't find the owner, he could have it towed at the owner's expense. No problem.
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GPFontaine
Joined: Dec 06 2007
Location: Connecticut
PostPosted: Jul 28 2009 07:38 am Reply with quote Back to top

The couple were definitely entrapped.

They went to the cops and asked for help. At that point the cops should have called a quit at that location with that car. All they could do by leaving it there was arouse additional suspicion from the couple. The couple should have known better, but still, they were baited into this.



 
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