Zip lock method to handle DUI CheckPoints

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Zip lock method to handle DUI CheckPoints

Postby HootmonSccy » Wed Jan 07, 2015 6:51 pm

I'm not saying you should do this, but it is an interesting approach to assert your rights to no unlawful search and seizure.

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Re: Zip lock method to handle DUI CheckPoints

Postby getvicious » Wed Jan 07, 2015 10:48 pm

A zip lock bag - hilarious!

I can't think of a situation I would use that but, you can't deny, the guy was complying with the letter of the law.

The police in Iceland had an interesting way of dealing with drinking and driving that almost eliminated the behavior. They would come talk to you in the parking lot as you were walking to your car from the club. If they smelled alcohol they gave you a breathalyzer test. If you blew too high you were arrested right then. I personally would like to see cops sitting in club parking lots rather than doing checkpoints.
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Re: Zip lock method to handle DUI CheckPoints

Postby HootmonSccy » Thu Jan 08, 2015 6:54 am

parkerd wrote:Not sure about the laws in Iceland, but can't see how you can be arrested for walking around a parking lot with too much alcohol in your system in this country.
While I am strong on constitutional rights, I am also a fan of checkpoints. Besides getting drunk drivers off the street, checkpoints also pick up felons, drugs, no license, no insurance, etc. Having those people on the road violates my constitutional rights. Seen too many accidents caused by DUI and too many innocent people injured or worse. See one fatal DUI involved accident and you will be running your own checkpoint. Ok, off my soapbox for the day.

Interesting that you "Strong on constitutional rights" AND a "fan of checkpoints"..
In a pure world, I'm right there with you Parkerd. However, I have also read about too many story's of police that violate peoples rights at check points. The attitude of some police is that you must comply with any command they give, or you will suffer the consequences, and I'll align the facts later to make the command constitutional..

This is why I find this query informative..
It can give a glimpse into peoples underlying feeling on the Police, and the state of citizens constitutional right infringement by people of authority.

In the video, I believe the person the person has supplied the legally required information.
1) Identified Yourself
2) Identified that you are the owner of the vehicle that is being driven
3) Identified that the vehicle being driven is properly documented and insured.
If they want to know more, then what is your cause or probable cause...
1) Do I or the vehicle match an APB/BOLO?
2) Did I do anything that provides you Probably cause (driving up erratically, etc?)
Otherwise, That will be all, Thank you... exercising my right to privacy

If you need to know if I'm drunk or impaired, then set up a short cone coarse on my approach and see if I can maneuver my vehicle reasonably.
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Re: Zip lock method to handle DUI CheckPoints

Postby getvicious » Thu Jan 08, 2015 8:38 am

parkerd wrote:Not sure about the laws in Iceland, but can't see how you can be arrested for walking around a parking lot with too much alcohol in your system in this country.
While I am strong on constitutional rights, I am also a fan of checkpoints. Besides getting drunk drivers off the street, checkpoints also pick up felons, drugs, no license, no insurance, etc. Having those people on the road violates my constitutional rights. Seen too many accidents caused by DUI and too many innocent people injured or worse. See one fatal DUI involved accident and you will be running your own checkpoint. Ok, off my soapbox for the day.

Public intoxication is also a crime and may take a drunk driver off the street before they get on the street. Still - need probable cause - but a drunk person will many times walk like they're drunk (like we have all pretended or joked at some time in the past by weaving and stumbling). Or just sitting in the parking lot can help people who have had too much to drink decide to call a cab rather than start to drive right in front of a cop and risk being busted.

All the above is based on probable cause - observing drunk behavior - not random harassment. I just think it is okay to place cops at the places where drunk driving can begin to watch for drunk behavior.

HootmonSccy wrote:........
......Interesting that you "Strong on constitutional rights" AND a "fan of checkpoints"..
In a pure world, I'm right there with you Parkerd. However, I have also read about too many story's of police that violate peoples rights at check points. The attitude of some police is that you must comply with any command they give, or you will suffer the consequences, and I'll align the facts later to make the command constitutional..

This is why I find this query informative..
It can give a glimpse into peoples underlying feeling on the Police, and the state of citizens constitutional right infringement by people of authority.

In the video, I believe the person the person has supplied the legally required information.
1) Identified Yourself
2) Identified that you are the owner of the vehicle that is being driven
3) Identified that the vehicle being driven is properly documented and insured.
If they want to know more, then what is your cause or probable cause...
1) Do I or the vehicle match an APB/BOLO?
2) Did I do anything that provides you Probably cause (driving up erratically, etc?)
Otherwise, That will be all, Thank you... exercising my right to privacy

If you need to know if I'm drunk or impaired, then set up a short cone coarse on my approach and see if I can maneuver my vehicle reasonably.


I tend to agree with Hoot. The guy in the video appears to have complied with the letter of the law. I have no problem with checkpoints if there's a specific reason (looking for a suspect reported to be in a blue Ford - look at blue Fords and let others pass thru). I am a firm believer in the need for probable cause. And I know probable cause comes in many forms for driving - burned out light - expired license plate - erratic driving - odd behavior like throwing things out the windows.... Still, stopping everyone just in case some are potentially impaired - no - need a reason to stop a person that's specific to that person - not just casting a net and seeing what is found.
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Re: Zip lock method to handle DUI CheckPoints

Postby jcwit » Thu Jan 08, 2015 12:52 pm

Waiting for one of you gentleman to try this method, report back as to how much it costs for window replacement. :lol: :lol:
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Re: Zip lock method to handle DUI CheckPoints

Postby getvicious » Thu Jan 08, 2015 3:45 pm

jcwit wrote:Waiting for one of you gentleman to try this method, report back as to how much it costs for window replacement. :lol: :lol:

Well, as I said above:
getvicious wrote:A zip lock bag - hilarious!

I can't think of a situation I would use that.......

...... checkpoints.

So I won't be using that "method."

It would be interesting to see some video where it was tried and what the result was.
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Re: Zip lock method to handle DUI CheckPoints

Postby getvicious » Thu Jan 08, 2015 5:16 pm

parkerd wrote:"public intoxication" is very very very different from "dui". Many states do not have public intoxication or "drunk and disorderly" laws, in fact some states specifically prohibit arrest or detain for for public intoxication. Depending upon the state the requirements for arrest, detention, citation require some overt action or disturbance to satisfy the statute. Some states require demonstrating a danger to others. DUI standard is different in most, if not all, states, and relates to (of course) a driving impairment or motor skill, or judgement incapacity. Really silly to argue about it - but I feel a greater violation of constitutional rights if I can be considered in a criminal activity if I walk a little wobbly in the park.

Okay, whatever is the legal definition in various states, they are what they are. I just support probable cause for cops taking action. Cast a wide net to see what is found - bad - stop someone for a specific and justifiable reason - good.

I still want to see an example of someone using the "zip lock method" at a check point or routine stop, and what the result is.

I have been stopped for various things many times and called the cops for various issues over the years - every cop I've ever dealt with was professional and courteous. I can't think of a situation where I would use the "zip lock method" - I keep my insurance in force, my car registration current, I have a valid driver's license and if I'm driving (car or bike) I don't drink at all. I've never had any reason to worry about being stopped.

As a side note to worrying about being stopped by the police - based on speaking to our shop customers and the results of accidents I've been involved in here in the Raleigh / Durham / Chapel Hill area, 50% of sport bike riders and car drivers do not have either a valid driver's license, insurance in force or valid vehicle registration. It's a real crap shoot if the "other guy" has a license or insurance here when an accident happens.
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Re: Zip lock method to handle DUI CheckPoints

Postby TexasLookout » Fri Jan 09, 2015 7:29 pm

There usually is a reason for being stopped, however I have heard from reliable sources! Just stop a car because it looks so cool. But that's okay with me being stopped for a moving violation on my part. But further detention and search of my vehicle would be a violation of the law on the officer or officers with out my consent. Still if the officer suspects criminal activity on my part there is much lee way for him to detain me further. Well over 10 years ago I was pulled over around 9:00pm in the City. The officer was aggressive, he said he stopped me for failure to use my turn signal. I said to him "you mean to tell me that you pull people over for this" ? Which was a mistake on my part vs just keeping my mouth shut. Anyway he thought I was up to no good and asked if he could search my truck. I said sure, he search with more back up present. I went and talked to the other officers while he was searching and said I did not do or was doing anything wrong. After the search of about 10 minutes he came back, no ticket and was on my way.

So would I let an Officer of the Law who is doing his job protecting us search my car again after a moving violation ?
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Re: Zip lock method to handle DUI CheckPoints

Postby Jared78 » Fri Jan 16, 2015 4:48 am

That’s a great method. I saw the whole video. My cousin who works in office of Los Angeles DUI attorney told me that it’s completely legal and it as great way to save yourself from DUI unless you are driving insanely.
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Re: Zip lock method to handle DUI CheckPoints

Postby Mrbone » Fri Jan 16, 2015 8:32 am

I think you guys are missing the part in the constitution where it says we have the right to travel unmolested. Checkpoints are bullshit, I don't even drink one drop of alcohol a year, why should I be stopped and harassed? And on top of that it's been proven that over 30 percent of sober people fail roadside sobriety tests. So I will comply with a breathalyzer and NOTHING ELSE.
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Re: Zip lock method to handle DUI CheckPoints

Postby jcwit » Fri Jan 16, 2015 9:25 am

Anymore the Constitution says lots of things that are not followed.
Try not doing as the Officer requests and find where it gets you.
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Re: Zip lock method to handle DUI CheckPoints

Postby Mrbone » Fri Jan 16, 2015 10:36 am

You have the right to refuse sobriety tests. The breathalyzer can be refused as well but with penalties.
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Re: Zip lock method to handle DUI CheckPoints

Postby jcwit » Fri Jan 16, 2015 10:43 am

Mrbone wrote:You have the right to refuse sobriety tests. The breathalyzer can be refused as well but with penalties.


Yup! You're right, but guess what refusing gets you. A trip to the local jail.
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Re: Zip lock method to handle DUI CheckPoints

Postby wknight40 » Fri Jan 16, 2015 8:29 pm

By signing for your drivers license you are agreeing to certain things to include giving a breathalyzer test when asked. By refusing the license can be revoked. It is not a "right" but a privilage.
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Re: Zip lock method to handle DUI CheckPoints

Postby HootmonSccy » Sat Jan 17, 2015 1:43 pm

parkerd wrote:But really, why is this on a gun forum anyway?


1st - This is in the "Off Topic - Aloha Deck" section - which is open to other than gun topics
2nd - This topic is based on Constitutional rights around Search and Seizure. How Law enforcement handle one section of the constitution, reflects how they may handle other parts of the constitution.. (Like Gun Rights). The Officer MUST either get your permission for the search, OR have probable cause, or a warrant to perform a search. The issue is What constitutes "Permission".. IF the officer asks you to exit your vehicle, you need to comply.. However, IF you exit your vehicle and leave your door open, this constitutes "permission" for a search.. Did you know that???
So, If you are asked to exit your vehicle, explain to the officer that you are going to remove your keys (So he knows why your hands are moving) and remove your keys.. Step out of the vehicle, and close and lock your door behind you.. Permission denied..

The over arching question here is .. Do officers comply with the spirit of the law, or do they look for every loophole in the law (like leaving your door open) to take every opportunity to invade your privacy to the maximum amount allowed by law.. (and sometime beyond allowed)... The truth is - Police officers come in all types and styles and motivations..
Knowing your rights and How to preserve your rights is YOUR responsibility, otherwise, be subject to intimidation and loss of your rights.

If Police officers are willing to stretch to search, would they also stretch to find a gun violation? Maybe..
So, I think this is a fine discussion on a gun forum..
If you disagree.. Then move on to other areas of the forum other than the "Off Topic - Aloha Deck" section..

Here are a couple of videos I recommend checking out
The proper way to handle a Police Stop
Don't talk to the Cops - Note there is also a part 2 to this video
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"They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety."
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