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- Aug 15, 2010
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- Hugh
How does that law past Constitutional limits on power (both State & Federal)? Where's the victim? What infringement on others rights is the government mediating?he gets pulled over for a traffic offense and starts blabbing at the police officer that he has an unopened bottle of wine in the car. In Indiana that's illegal if you're under 21
Yup, no reason for any party in these transactions to be anything other than courteous & polite.As long as people aren't assholes about it
How does that law past Constitutional limits on power (both State & Federal)? Where's the victim? What infringement on others rights is the government mediating?
It's good to know what you should and shouldn't do, also good to know what the cops can and can't do. As long as people aren't assholes about it, making the officer's life harder. They have no idea what's going to happen when they walk up to your car, if you're going to shoot them or what. More often than not, showing your license/registration and a smile is good enough to get out of a ticket. When you start acting like a douchebag, they can legally make it a bigger pain in the ass.
The same could probably be said for DUI check points.How does that law past Constitutional limits on power (both State & Federal)? Where's the victim? What infringement on others rights is the government mediating?
Yup, no reason for any party in these transactions to be anything other than courteous & polite.
Right, all an open bottle does is create probable cause. Being take to jail for this is ridiculous.I can see it if someone has an open container in their vehicle and alcohol on their breath but my son wasn't drinking and the bottle of wine had not been opened.
Another one that bewilders me.The same could probably be said for DUI check points.
Interesting mix of state politics with Washington, Oregon and Texas.DUI checkpoints have a few regulations that allow them to skate around the 4th Amendment issues. They need to come from higher ups (as in an officer on patrol can't just decide to randomly throw one up one night), they need to be announced (date, time and location) prior to setting them up, there needs to be a formula to stopping cars (every other car, every 4th car, every car etc) so it's not just random, there needs to be signs/lights warning cars, and officers have to give cars a way to get away from the checkpoint once they see one coming up, before they enter into the checkpoint, and they're not allowed to pull you over if you do that.
A lot of cops will ignore the last part and try to find another reason to pull you over if you leave early. Happened to me last year actually, I was on my way home from work, saw the checkpoint up ahead, and pulled into a neighborhood knowing I could go around it (and thus avoid the traffic jam). I saw one cop having someone else pulled over, and sure enough another cop pulled up behind me and pulled me over. Turned on my interior lights, pulled out my license and such, and when he asked me if I knew why he pulled me over, I replied "Because you're hoping that I don't know you're not allowed to pull me over for avoiding the checkpoint." and showed him my license. He laughed and said "Yeah, something like that, you have a good one." and that was it.
Also a few states have outlawed checkpoints because of state laws, Washington, Oregon, and Texas is among them... There's only like ten total though.
I think the Flex Your Rights folks are an organized non-profit, and have posted quite a few videos on Youtube. Here's the full length video...A co worker of mine asked me to put together a little list of advice for her son headed off to college....not the standard "study hard" advice. I am not sure why....single mother, maybe that is why. Anyway, she compiled the list (she asked several people) and it was sort of an interesting mix.
I think I will have her tell him to watch that "Don't Talk to the Police" video.
please report back, if you can, on what your co-worker and her son say about the videos.... I'm curious.Cool.
Good info Stranger, thanks.