DUI Checkpoints - impounding cars even if driver wasn't drinking

[Kadie]

KCRA Investigates: DUI Checkpoints
Checkpoints Being Used To Enforce Other Laws

POSTED: 4:24 pm PDT May 9, 2005
UPDATED: 4:44 pm PDT May 9, 2005

SACRAMENTO, Calif. -- For years, DUI checkpoints have proven an effective way to catch drunken drivers and prevent others from getting behind the wheel, but what some police agencies are now using those checkpoints for and who is being targeted is sparking a growing controversy.

The concern is that police are not only using the checkpoints as a way to enforce other laws but also as a way to make money -- especially since cities such as Sacramento make $70 every time they impound a car a DUI checkpoint, even if that car's driver was not suspected of drinking and driving.

Aturo Torres said he was pulled over at a recent DUI checkpoint on Broadway in Sacramento, his pickup truck was impounded and all of his belongings moved to the curb, and yet, Torres said, he had not had a single drop of alcohol to drink that night.

KCRA 3 Investigates found that what happened to Torres is becoming so common that a growing number of lawmakers and immigrant rights groups are up in arms.

more...
http://www.thekcrachannel.com/news/4468866/detail.html

[Kolesar]

1. "Your papers are NOT in order"

Will you please step out of the car.

[rodeodance]

3. 73% of people say yes to this practice (poll with story)--I say NO>

Do you agree with the practice of using police DUI checkpoints for the purpose of enforcing other laws with drivers who are not suspected of being drunk?
Choice Votes Percentage of 490 Votes
Yes, I agree with this practice 357 73%
No, I don't think it's fair 133 27%
Thanks for taking part in this informal survey

[rodeodance]

4. hit the poll

[Kolesar]

9. one more NO vote from me...eom

[Media_Lies_Daily]

2. What's next? Curbside executions?.....

That would certainly stop all of those annoying complaints from immigrants about impounding cars, wouldn't it?

[MindPilot]

5. the only thing I hate more than speed laws and redlight cams

are DUI checkpoints. There have also been a few seatbelt check points on occasion in my city.

You can either get used to this shit or support the National Motorists Association http://www.motorists.org who lobby heavily against all these money-making scams by law enforcement.

[Rainbowreflect]

6. I will probably be flamed for this, but...

What are they suppose to do when they pull someone over for a DUI check and find out they are driving on a suspended license?
Should they just let them go?

[RaleighNCDUer]

7. No flame, but the situation seems to me to be that they are using

the excuse of "DUI checkpoint" to conduct illegal search and seizure. If the reason for the checkpoint is a DUI check, that is all that should be allowed -- just like if a warrant on your house specifies a search for stolen goods, the presence of a bong on the coffetable does not give authority to search for grass, and an arrest for grass would be thrown out because of the violation of the warrant.

Yes, let them go. Catch them another time, when the occassion warrants it.

[Rainbowreflect]

8. I would never agree with a search of the car at a DUI checkpoint,

but they are going to ask for your driver's license. If it is suspended or revoked they can not let you drive off.

[Kolesar]

10. &what if I have an outstanding warrant from a protest or other such laws

like participating in "unamerican activities"?

[Rainbowreflect]

12. And if they have an outstanding warrant for murder, DUI,

child abuse? If the police have that person stopped, let them go & that person commits another crime how would we all feel.

I have know to many cases of people hurt & killed by drunk drivers to have any problems with the checkpoints & I honestly do not believe if a person stopped has a warrant out for their arrest or are driving on a suspended license that the police can let them go.

[RaleighNCDUer]

11. They still need probable cause. I don't think they have any right

to ask for license/registration unless there is an obvious violation in place, i.e., probability of alcohol use because of smelling it or seeing empties on the floorboards, or other standard violations like a bad tail light, no registration sticker on the plate, etc. Anything more is a violation of the 4th amendment, IMO, and I would fight for that opinion in court.

I would, of course, lose, but nevertheless...

[Freddie Stubbs]

14. Actually the presence of drug paraphanalia would give them probably cause

to conduct. Anything that that is found during a lawful search is fair game even if it isn't related to what the search is originally about.

[xxqqqzme]

15. once those REAL IDs

R in place, w/ the imbedded radio frequency, there will B no need 4 checkpoints.....they will track U & pick U up.

Someone mentioned probable cause...U need 2 look @ the Patriot Act - there is, for all intents and purposes, no probable cause anymore.

[Freddie Stubbs]

16. Even if they see evidence of a murder?

:shrug:

[mitchtv]

13. there is a new one on I 10 outside Indio

CHP looking for mostly illegals