Police and the Border Patrol are using “general crime control checkpoints” to harass and detain motorists across the country. Below is a list of nine different checkpoints police use to ticket and arrest citizens.
- Super Bowl
- Safety Belt
- Escaped Fugitive
- Drug Testing
Drug testing checkpoints are a lie…
“If they say drug check lane ahead, it’s false,” says Wichita attorney Dan Monnat. “Because the courts have ruled on this being a violation of the 4th amendment.” (for more info. read City of Indianapolis v Edmond)
And recently, I warned everyone that DHS is paying police departments to set up DUI checkpoints across the country.
To learn how police will soon add a tenth checkpoint to the list, please read on.
Why are police using illegal checkpoints?
Sixteen years ago, the Supreme Court held that checkpoints established for general crime control purposes are unconstitutional. (City of Indianapolis v. Edmond, 531 U.S. 44 (2000).
So why are police and the Border Patrol stopping innocent motorists?
DHS admits DUI checkpoints are REALLY about checking a person’s immigration status.
Aliens convicted of a “significant misdemeanor,” which for these purposes is an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or driving under the influence… (Source)
Also, there’s millions of dollars at stake. The University of Berkley, which has close ties to DHS, made close to $14 million off of ‘No-Refusal’ checkpoints in 2013.
The California Office of Traffic Safety (OTS) has awarded UC Berkeley’s Safe Transportation Research & Education Center (SafeTREC) $13,930,555 to run its 2012-2013 Sobriety Checkpoint program. (Source)
When Texas police found 8 kilos of cocaine during a random search of a Greyhound bus, they “created a checkpoint that trespassed on the Constitution,” so the drugs cannot be used as evidence, a federal judge ruled.
Greyhound spokeswoman Lanesha Gipson said its policy is to let police search their buses.
“We fully cooperate with local authorities and allow them to board the bus to do a search if they ask to do so,” Gipson said in an email.
Judge Lynn Hughes rejected the idea that the search was legal because Greyhound’s driver consented to it, nor was he impressed by other arguments from the government.
Hughes said that Greyhound is “economically coerced to adopt policies of compliance” to police searches because if it refused, it would be “risking the ire of every excessively zealous or corrupt police force in the places through which its buses travel,” which could throw its buses off schedule. (Source)
The officers’ abuse of their authority is bad; however, the federal government’s bad judgment in bringing this case is worse… it has reinforced the officers’ illegal evasions. It may need statistics to justify its funding to Congress, but this is a weak and mean way to cater to its bureaucratic imperative.
According to Courthouse News, The Conroe Police Department did not respond to a voice message asking if they still randomly search Greyhound buses.
So far, this makes bus checkpoints the tenth different police checkpoint.
Police use checkpoints to threaten motorists and cite them for violations
1. Are motor vehicle checkpoints permitted?
Yes, in appropriate circumstances. As noted above, the United States Supreme Court has held that sobriety checkpoints do not violate the Fourth Amendment. The General Statutes go further and allow checkpoints to be used “to determine compliance with the provisions of Chapter 20.4″ In other words, the statute allows checkpoints to be used to detect violations of any motor vehicle law, not just the impaired driving laws. By contrast, checkpoints may not be used for general crime control.
But, that’s exactly what police are doing…
The Border Patrol’s (CBP) own records contain multiple accounts of Border Patrol agents stopping and searching motorists without justification; threatening residents with assault rifles, Tasers, and knives; destroying and confiscating personal property; interfering with efforts to video-record agents; and using dozens of false alerts by CBP dogs to search and detain innocent people. (click here to read all THIRTEEN CBP documents)
Police use checkpoints as a new “stop & frisk” method
FOIA documents released to the ACLU, show that the Border Patrol’s extra-constitutional police practices amount to a de facto policy of “stop and frisk” for residents within 100 miles of the border.
Police set up drivers’ license checkpoints, despite using license plate readers
Ask yourself what’s wrong with this picture: nearly eight years ago an Appeals court concluded that police can set up drivers’ license checkpoints because cops don’t know everything about a driver.
- That the primary programmatic purpose of the checkpoint was the enforcement of the State’s Motor Vehicle laws.
- That the State has a “vital interest in ensuring that only those qualified to do so are permitted to operate motor vehicles, that these vehicles are fit for safe operation, and hence that licensing, registration, and vehicle inspection requirements are being observed.” (Source)
This outdated ruling ignores the fact that law enforcement uses automatic license plate readers mounted on police vehicles, highways, and traffic intersections to identify drivers. And it also ignores the fact that police are using more than TWENTY-EIGHT automated risk assessments on anyone traveling inside the U.S..
Police also run drivers’ licenses through the National Precursor Log Exchange to see if their names are on a police/pharmaceutical drug list.
One corporation is responsible for America’s checkpoint television ads
The NHTSA pays Traffic Safety Marketing (TSM), a private advertising company, to make national television commercials promoting checkpoints like Drive Sober or Get Pulled Over, Click It Or Ticket, and Fans Don’t Let Fans Drive Drunk. TSM brags about providing States with TV PSAs, re-tagging them in support of State highway traffic safety marketing initiatives.
Coming this fall – Halloween checkpoints
TSM has come up with a new way to expand checkpoints…
Get ready, America, for new TV ads telling a gullible public that kids everywhere are being killed by drunk drivers this Halloween. Their new slogan should be “Tricked and Gullible.” There’s NO epidemic of drunk driving in America period; in fact, it’s just the opposite.
Do drunk drivers really cause half of all traffic deaths? Not even close! GetMADD.com explains how the NHTSA includes passengers and pedestrians who had some alcohol but weren’t DRUNK. Click here to find out more about the DUI myth.
If you’ve been keeping track, that’s a total of TEN different types of police checkpoints!
Police are stopping motorists with kids in car seats
You read that correctly – police are stopping motorists with child car seats because according to them, 3 out of 4 kids are not properly restrained!
Could this be the 11th police checkpoint? Or is it covered under seat belts, as I mentioned above?
Police are even stopping motorists who avoid checkpoints
According to page 8 of the University of North Carolina’s “motor vehicle checkpoint” article:
The purpose of any checkpoint . . . would be defeated if drivers had the option to “legally avoid,” ignore or circumvent the checkpoint . . . by turning away upon entering the checkpoint’s perimeters. Further, it is clear that the perimeters of the checkpoint or “the area in which checks are conducted” would include the area within which drivers may become aware of its presence by observation of any sign marking or giving notice of the checkpoint. Therefore, we hold that it is reasonable and permissible for an officer to monitor a checkpoint’s entrance for vehicles whose drivers may be attempting to avoid the checkpoint, and it necessarily follows that an officer, in light of and pursuant to the totality of the circumstances or the checkpoint plan, may pursue and stop a vehicle which has turned away from a checkpoint within its perimeters for reasonable inquiry to determine why the vehicle turned away.
A recent Appeals court ruling allows police to stop motorists who park in a driveway to avoid checkpoints, because the officer is no longer affiliated with the checkpoint!
…because defendant did not actually stop at the checkpoint, its validity was immaterial to whether an officer had sufficient reasonable suspicion when stopping defendant once defendant drove into a residential driveway.
Earlier this year, an Illinois Appeal Court ruled motorists aren’t allowed to make a U-turn to avoid a checkpoint:
Justice Thomas says “Certainly, the purpose of any checkpoint *** would be defeated if drivers had the option to ‘legally avoid,’ ignore or circumvent the checkpoint by either electing to drive through without stopping or by turning away upon entering the checkpoint’s perimeters.”
It doesn’t get any clearer than that – judges don’t want to let Americans avoid checkpoints because it will cost police and the gov’t. revenue! This is the sad reality of living in a police state.
Police set up checkpoint “enforcement zones” to keep civilian monitors out
According to a Tuscon Sentinel article earlier this year, civilian “monitors” set up chairs across from a CBP checkpoint in Arivaca, AZ and began taking notes. But when they came back the next day, the checkpoint was roped off with signs that read: “No pedestrians.”
Image Credit: No More Deaths
Peter Ragan, an Arivaca resident and one of the observers, shook his head and said he wasn’t surprised to see that Border Patrol had pushed the group back, creating what Supervisory Agent William Partian called an “enforcement zone.” Partain said that the enforcement zone was necessary for “public safety” and the privacy of people driving through the checkpoint. (Source)
Police slap smartphone out of a man’s hand and fabricate charges for recording a checkpoint
Last week, the ACLU filed the lawsuit on behalf of Michael Picard, who has a habit of protesting DUI checkpoints because he sees them as “contrary to the Fourth Amendment, and a waste of public money.”
He has done public records investigations, for example, and recently found that for every two man hours put into a checkpoint, it yields just one minor traffic citation—almost always for defective equipment.
The troopers who were working the checkpoint come over to Picard, and the first thing they did was slap the camera out of his hand so it hits the ground. Picard thinks it’s broken.
It was really brazen. There’s another video showing that the first thing the state trooper does is walk up and with his open hand slap the camera down to the ground. He doesn’t even say anything like “put that down,” or “please lower your camera.” He just slaps it to the ground. Then he interacts with Picard as if nothing happened, as if, “I’m just allowed to do that, and I don’t even have to tell you why I just broke your camera.” It’s an amazing level of hostility.
Wake up America – this is the police state we live in, where cops use at least TEN different types of checkpoints to threaten, ticket, and arrest anyone without fear of reprisal.
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