This is about your Constitutional rights. It is a DUI checkpoint, not a weapons checkpoint. You are in a locked vehicle and they have no right or authority to ask you for anything other than to see your DL. Can you refuse to get out of your car?
Flyer – Fair DUI
If I had consumed any alcohol or medication, I would probably not get out of the car. Looking forward to a New Mexico flyer. Please make a New Mexico Flier! Instead of everyone asking you guys to do all the work, how about posting the details of what is necessary to come up with the sign so we can do our own investigation? The term is used times in Chapter One.
Could this be your state? Virgin Islands?
I discovered this when doing research for my traffic case. Trial in about 3 weeks. Wish me luck. It also is federal, because no state can write law applicable to Guam or anywhere else. Redlich, Thought you might be interested in seeing your card in action. In the following video, a civilian at a traffic stop ostensibly for an obscured license plate attempts to use the card by holding it up to the window.
Anyway, I see some contradictions between the theory of the card and the realities of a dynamic traffic stop. With all the real criminals out there that actually would inflict harm on an officer you have to act like an idiot. And take your cellphone camera and film something else, try being more productive. How would you like it if someone was filming you at work, if you even have a job. You seem to give police officers the power of judges over the self-evident rights of people as confirmed by the law of the land and a uS Supreme Ct that in many of its opinions agrees with the rights of people.
A supreme court opinion is supposed be something that confirms a self-evident right and not an opinion that grants or gives anything to the people as the creators of their law and government. Well think again!
The Maneater
As soon as you were stopped, you started running your mouth. Next time, remain silent. It is your right. He has his window partially open. He talks to the officer from the beginning. He and a friend are having a conversation in the car that the officer can probably hear. He hands his paperwork to the officer through the partially opened window.
Arrested Developments: Players Go From Breaking Ankles to Ankle Bracelets
Had he followed the instructions and rolled down the window when ordered, his lawyer could then argue for suppression of any evidence that followed. That is another way to give police an excuse for claiming they suspect something criminal in play. Second, you are correct that dealing with the unlawful order to roll down your window can be tricky. In my opinion if you catch them on video giving you this unlawful order, then under the Fourth Amendment everything that follows should be suppressed.
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However, at the same time you can refuse to follow that order and from watching it appears you did so. In my opinion you should keep it completely closed. Third, you did not follow the instructions on the card. Not one word. A lot of people have trouble with this. You have the right to remain silent. Use it. The card says it all. Also, you do have to show not give the officer your license, registration and insurance.
You should have them ready so that you can place them up against the window. Why not just tape the thing to the inside? Do they have a right to handle the DL etc or can they say they cannot read it and force you to roll down your window? Thanks for your analysis! You should not speak at all.
When they ask if you have weapons you should not answer. Not talking means not talking. IE can you cite the law please? Please provide a flyer for Missouri, we need your help here more than ever.
I would also like one for Missouri. They do one on the road I take home several times a year. Thank you for the hard work, you all are awesome! Please put one up for south Carolina its getting real bad around here with the harassment especially in north Charleston thank you and hope to see one soon.
Bill, yes it IS true. Do you even live in Oregon you moron? Hi, I know you are in the US, but I was wondering if you would ever consider doing one for the province of Ontario, Canada. Thanks for asking. I understand New Hampshire is a small state with respect to the rest, but in the end we have a large number of DUI and heavy fines. I heard on the radio that we are the 2nd highest state of people drinking before In that respect the police seem to have a lot of freedom in the field. Some Judges understand that and are more questioning of officers actions but I would rather avoid that all together.
Check with a lawyer in your state. Thank you very much for adding South Carolina to the arsenal! I really appreciate all you have done to protect our rights. I will keep you informed when I get a chance to use this tool! We need a flier for our rampant illegal DUI checkpoints…thanks.
Please, please help us out in Massachusetts.
Did you see what happened in Watertown??? If possible could you speculate on a date, if any, that it might come into effect. Per C. The demand for defendant to present his license was proper only if the officers properly stopped him in the first place. People v. McPherson, Colo. Found this site after viewing an on-line vid. Since I live in FL and like the idea of employing a sign vs verbalizing I checked our statutes…. That is degrees out from what is on the window sign I am not required to sign.
St Cloud Jail Arrest Records
So, is that not signing from jurisprudence? The back of the card explains which tickets require a signature. Do you have one for NH- their judicial system is falling apart. Something like this is needed ASAP. To have both in possession is prima facie evidence of ownership. One need not have a driving license, unless one is engaged in commercial activity upon the common way?