djackman wrote:I won't debate that every citizen has the rights described in that paper, but note it was written not just by a laywer but:
the past president and founder of the Wisconsin Association of Criminal Defense Lawyers
For us mere mortals refusing to submit to a power-happy cop's 2am DUI test means a trip down to the county lockup for a few hours and a tow bill for the impound
The biggest reason for all these checkpoints is that it has become more about revenue for the towns, insurance companies, treatment centers, courts, laywers, cops (bag a DUI at end of shift = instant OT) etc than safety. The simple fact that none of them do anything to prevent DUI, only punish, says a lot.
much truth there indeed ....there are some guidelines too.."Although the U.S. Supreme Court ruled that sobriety checkpoints are constitutional, there are certain requirements that must be met in order for sobriety checkpoints to be legal. Police officers must be careful not to violate the Fourth Amendment against illegal search and seizure, which means that sobriety checkpoints are closely monitored.
The following are the requirements for sobriety checkpoints that all police officials must follow, and are derived from the rules and regulations published by the National Highway Traffic and Safety Administration.
(1) Sobriety checkpoints cannot be set up at random. Instead, they must be one facet in a departmental program designed to deter intoxication while behind the wheel.
(2) The local district attorney’s office must be aware of the sobriety checkpoint and must be willing to offer its support in the prosecution of DUI/DWI offenders.
(3) The police officers who set up the sobriety checkpoint must have a specific pattern for stopping cars and must not deviate from that pattern. For example, they must agree to stop every fourth car, and stick to the fourth-car pattern.
(4) The decision to implement a sobriety checkpoint must not be made out of thin air, but should be a measure in response to a demand. For example, if there have been three drunk driving accidents outside of a neighborhood, the officers would have a need to set up a sobriety checkpoint.
(5) Police officers who decide to set up a sobriety checkpoint must adequately inform drivers that the checkpoint will be in place. While checkpoints are for the good of society, they can also deter drivers who need to reach certain destinations. "
"6) As drivers approach the sobriety checkpoint, they should be able to see that the police are present. Usually, this is accomplished by starting the flashing light bars on the tops of police cruisers.
(7) If the police intend to send drivers to a test site for chemical testing, there must be an easy and fast route from the sobriety checkpoint to the test site.
(8) Police officers must be able to successfully manage the sobriety checkpoint without unreasonably halting the flow of traffic. They must use standardized procedures and follow the proper protocol for investigation.
(9) The public must be notified aggressively and well in advance of any sobriety checkpoint so that drivers can avoid them if necessary.
In addition to the above, police officers are expected to ask the drivers they stop for feedback as to the effectiveness of the sobriety checkpoint. Since the practice is intended as a public service, police officers are encouraged to be friendly and accommodating with drivers.
If you have experienced a sobriety checkpoint that fails to meet the above standards, or if you feel that your rights were violated, you have every right to call the precinct under which the sobriety checkpoint was orchestrated. Ask to speak to a high-ranking officer and inform him or her that you wish to make a formal complaint. Give a detailed explanation of your experience, and request to be notified about any developments."