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tito123

Registered: 01/23/10
Posts: 3,006
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I was pulled over for turning around before a DUI checkpoint
#21688240 - 05/16/15 08:18 PM (8 years, 8 months ago) |
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According to everything I've read, this is fine and doesn't give the officer reasonable suspicion to pull me over.
I told this to the officer who pulled me over and he told me I needed to read again because it was suspicious behavior.
I wasn't drinking, holding or anything. He didn't even attempt to search my vehicle and I wasn't detained or given a ticket.
I have his badge number. Am I in the right? I googled just now and it does not give them reasonable suspicion. Should I file a police complaint?
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jahrastafareye
Outcarcerated



Registered: 10/16/13
Posts: 1,898
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Re: I was pulled over for turning around before a DUI checkpoint [Re: tito123]
#21688315 - 05/16/15 08:40 PM (8 years, 8 months ago) |
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Let it go. Lesson learned. 90% of the people that do what you did are actually drunk.
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tito123

Registered: 01/23/10
Posts: 3,006
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Re: I was pulled over for turning around before a DUI checkpoint [Re: jahrastafareye]
#21688523 - 05/16/15 09:39 PM (8 years, 8 months ago) |
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I wasn't drunk. He didn't have reasonable suspicion. He pulled me over for no reason.
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jahrastafareye
Outcarcerated



Registered: 10/16/13
Posts: 1,898
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Re: I was pulled over for turning around before a DUI checkpoint [Re: tito123] 1
#21688536 - 05/16/15 09:45 PM (8 years, 8 months ago) |
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But he did have reasonable suspicion. It's reasonable to assume a driver that makes a u-turn prior to a dui checkpoint has the intent of avoiding that checkpoint because they are drunk. The bottom line is, you didn't get searched you didn't get a ticket and you weren't arrested. The officer did exactly what he was supposed to do. You're making a much bigger deal out of this than you should.
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tito123

Registered: 01/23/10
Posts: 3,006
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Re: I was pulled over for turning around before a DUI checkpoint [Re: jahrastafareye]
#21688552 - 05/16/15 09:52 PM (8 years, 8 months ago) |
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I didn't pull an illegal u turn. I pulled into a driveway and turned around.
Granted, it looks suspicious, but in no way does it mean a cop can pull me over.
Are you a lawyer or have any knowledge of the law? Or are you just some dude?
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 65,510
Loc: Uncanny Valley
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Re: I was pulled over for turning around before a DUI checkpoint [Re: jahrastafareye] 3
#21688556 - 05/16/15 09:55 PM (8 years, 8 months ago) |
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Turning before a checkpoint doesn't give him reasonable suspicion. Under your theory, not giving consent to search would be reasonable suspicion because obviously he must have something to hide if he doesn't want to be searched.
Still, OP, you need to get over it. You really have no remedy here.
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
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tito123

Registered: 01/23/10
Posts: 3,006
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Re: I was pulled over for turning around before a DUI checkpoint [Re: Enlil]
#21688564 - 05/16/15 09:58 PM (8 years, 8 months ago) |
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You don't think I should file a complaint?
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 65,510
Loc: Uncanny Valley
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Re: I was pulled over for turning around before a DUI checkpoint [Re: tito123]
#21688567 - 05/16/15 09:59 PM (8 years, 8 months ago) |
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If you have nothing better to do with your time, do it. Nothing will come of it, though.
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tito123

Registered: 01/23/10
Posts: 3,006
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Re: I was pulled over for turning around before a DUI checkpoint [Re: Enlil] 2
#21688574 - 05/16/15 10:01 PM (8 years, 8 months ago) |
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Cool. I have a lot of free time. Thank you Enlil.
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jahrastafareye
Outcarcerated



Registered: 10/16/13
Posts: 1,898
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Re: I was pulled over for turning around before a DUI checkpoint [Re: tito123]
#21688620 - 05/16/15 10:23 PM (8 years, 8 months ago) |
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I am some dude and I wasn't offering legal advice. Please, report that officer to internal affairs. Write your local paper. Do not rest until this dictator is held accountable for the atrocities he's committed.
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Arctic W. Fox

Registered: 09/23/14
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Re: I was pulled over for turning around before a DUI checkpoint [Re: jahrastafareye]
#21688643 - 05/16/15 10:33 PM (8 years, 8 months ago) |
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It's perfectly legal and within your rights to make a legal turn before a DUI checkpoint.
Find an attorney who offers free consultation.
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D.M.T
Shroomery Contaminant


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Posts: 10,991
Loc: In your brain
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Re: I was pulled over for turning around before a DUI checkpoint [Re: Enlil]
#21688645 - 05/16/15 10:34 PM (8 years, 8 months ago) |
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Quote:
Enlil said: Turning before a checkpoint doesn't give him reasonable suspicion. Under your theory, not giving consent to search would be reasonable suspicion because obviously he must have something to hide if he doesn't want to be searched.
Still, OP, you need to get over it. You really have no remedy here.
There was a DUI checkpoint with a drug dog in my town recently, and we had an ounce of weed in the car. Naturally we turned off the road onto the highway. A cop followed us but ended up passing on the highway.
But I was reading online court records to see if anyone did get nabbed for DUI at the checkpoint, and it turned out one woman did after she turned around before the checkpoint. Is that something she can fight as an illegal traffic stop, as her turning around was the basis for the stop?
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jahrastafareye
Outcarcerated



Registered: 10/16/13
Posts: 1,898
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Re: I was pulled over for turning around before a DUI checkpoint [Re: tito123]
#21688652 - 05/16/15 10:37 PM (8 years, 8 months ago) |
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Thank God someone is standing up to these monsters. I bet he didn't even tell you to have a nice night. lol
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Alan Rockefeller
Mycologist

Registered: 03/10/07
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Re: I was pulled over for turning around before a DUI checkpoint [Re: Arctic W. Fox]
#21689841 - 05/17/15 09:18 AM (8 years, 8 months ago) |
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Quote:
D.M.T said: But I was reading online court records to see if anyone did get nabbed for DUI at the checkpoint, and it turned out one woman did after she turned around before the checkpoint. Is that something she can fight as an illegal traffic stop, as her turning around was the basis for the stop?
She can try. Might work.
Quote:
Arctic W. Fox said: Find an attorney who offers free consultation.
Not worth your time to sue for a traffic stop. OP could file a complaint at the station, but the officer would likely be congratulated rather than punished.
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rackem



Registered: 11/27/09
Posts: 14,024
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Re: I was pulled over for turning around before a DUI checkpoint [Re: Alan Rockefeller]
#21689917 - 05/17/15 09:50 AM (8 years, 8 months ago) |
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i got pulled over doing the same thing. i simply told the officer the car i was driving was overheating and simply couldnt be in that line.
he let me go. i didnt lose any sleep over it.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 65,510
Loc: Uncanny Valley
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Re: I was pulled over for turning around before a DUI checkpoint [Re: D.M.T] 1
#21689952 - 05/17/15 10:00 AM (8 years, 8 months ago) |
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Quote:
D.M.T said: Is that something she can fight as an illegal traffic stop, as her turning around was the basis for the stop?
This is certainly an argument to be made. I'd make it. Chances are slim that it'd fly, but it gives an opportunity for appeal later if that's the way to go. I'd make the argument and negotiate a plea contingent on appeal.
OP: Keep in mind that there is a real difference between your situation and the above situation, though. It is one thing to argue an illegal stop as a defense in a criminal case, where evidence may be suppressed. It is a whole other thing to argue a civil rights violation under 1983 or state civil rights laws based on the same facts. Your first hurdle is qualified immunity. Your second one is lack of damages. Either is probably fatal to your claim.
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Arctic W. Fox

Registered: 09/23/14
Posts: 1,357
Last seen: 5 years, 2 months
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Re: I was pulled over for turning around before a DUI checkpoint [Re: Enlil]
#21690349 - 05/17/15 12:18 PM (8 years, 8 months ago) |
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My biggest concern is just ignoring these civil rights violations. We have the right ro live our lives without molestation.
If you continue to let these pigs do whatever they want, whenever they want, they will. And soon YOU will be a convicted criminal because you kept your fuck'n mouth shut in a time when you should be screaming your head off.
I got a ticket from a corrupt pig who thought I would just bend over and take it. I turned my defense into an offence and targeted the cop. Long story short; the ticket was dropped. Why? Because I discovered the cop's lie, and called him out on it.
If I accepted the prosecutor's plea bargan, I would be jobless and homeless right now.
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tito123

Registered: 01/23/10
Posts: 3,006
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Re: I was pulled over for turning around before a DUI checkpoint [Re: Arctic W. Fox]
#21690359 - 05/17/15 12:22 PM (8 years, 8 months ago) |
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Yeah I don't plan on suing anyone. Would it be unwise for me to file a police complaint? This isn't a big city and I don't want to deal with police bullshit, but at the same time, this isn't right and should be addressed, at the least. A sheriff was with him so it was obviously supported by him too, which is ridiculous.
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Arctic W. Fox

Registered: 09/23/14
Posts: 1,357
Last seen: 5 years, 2 months
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Re: I was pulled over for turning around before a DUI checkpoint [Re: tito123]
#21690377 - 05/17/15 12:26 PM (8 years, 8 months ago) |
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Complain! Write letters to the local press. Get it noticed.
When enough people have these problems and make noise, eventually the cops will be investigated and their illegal activities will stop.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 65,510
Loc: Uncanny Valley
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Re: I was pulled over for turning around before a DUI checkpoint [Re: Arctic W. Fox] 1
#21690413 - 05/17/15 12:33 PM (8 years, 8 months ago) |
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Quote:
Arctic W. Fox said: My biggest concern is just ignoring these civil rights violations.
I make most of my living suing police and cities for civil rights violations. In the grand scheme, this is much ado about nothing. He was stopped, and a few minutes later, let go. Any complaint he makes to the police will be taken politely and routinely ignored. The press don't give a shit about a traffic stop in a world where people are being shot by cops.
OP would be better served just letting it go. Of course, he can raise holy hell if he wants, but the only one who will care is him.
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Alan Rockefeller
Mycologist

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Re: I was pulled over for turning around before a DUI checkpoint [Re: tito123]
#21690419 - 05/17/15 12:34 PM (8 years, 8 months ago) |
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Quote:
tito123 said: Yeah I don't plan on suing anyone. Would it be unwise for me to file a police complaint? This isn't a big city and I don't want to deal with police bullshit, but at the same time, this isn't right and should be addressed, at the least. A sheriff was with him so it was obviously supported by him too, which is ridiculous.
I'd wait until you have something worth complaining about.
Pissing off the cops with frivolous complaints in a small town is an unwise legal move.
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VivaLaMushie
RIP LS :(


Registered: 07/23/12
Posts: 15,711
Loc: Switzerland
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Re: I was pulled over for turning around before a DUI checkpoint [Re: jahrastafareye]
#21690917 - 05/17/15 03:05 PM (8 years, 8 months ago) |
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Quote:
jahrastafareye said: But he did have reasonable suspicion. It's reasonable to assume a driver that makes a u-turn prior to a dui checkpoint has the intent of avoiding that checkpoint because they are drunk. The bottom line is, you didn't get searched you didn't get a ticket and you weren't arrested. The officer did exactly what he was supposed to do. You're making a much bigger deal out of this than you should.
Yeah, you don't turn around lol
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Alan Rockefeller
Mycologist

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Re: I was pulled over for turning around before a DUI checkpoint [Re: VivaLaMushie]
#21691154 - 05/17/15 04:10 PM (8 years, 8 months ago) |
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I have heard that most drunk people get through DUI checkpoints just fine. As long as you aren't slurring your words or freaking out, they generally wave the drunk people right on through.
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tito123

Registered: 01/23/10
Posts: 3,006
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Re: I was pulled over for turning around before a DUI checkpoint [Re: VivaLaMushie]
#21691185 - 05/17/15 04:17 PM (8 years, 8 months ago) |
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Quote:
VivaLaMushie said:
Quote:
jahrastafareye said: But he did have reasonable suspicion. It's reasonable to assume a driver that makes a u-turn prior to a dui checkpoint has the intent of avoiding that checkpoint because they are drunk. The bottom line is, you didn't get searched you didn't get a ticket and you weren't arrested. The officer did exactly what he was supposed to do. You're making a much bigger deal out of this than you should.
Yeah, you don't turn around lol
I can't remember if I already quoted you or not and I don't feel like looking through this thread, but calling what I did suspicious is in the same vein as calling a car full of people with dreadlocks and the dyes suspicious. Sure, its probable that I wanted to avoid it because I was committing a crime(I wasn't) but there isn't enough suspicion to pull me over. And if you google it, its generally clear.
Maybe I'm just being an antagonizing asshole. Whatever.
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Alan Rockefeller
Mycologist

Registered: 03/10/07
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Re: I was pulled over for turning around before a DUI checkpoint [Re: tito123]
#21691334 - 05/17/15 04:55 PM (8 years, 8 months ago) |
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Quote:
tito123 said: I can't remember if I already quoted you or not and I don't feel like looking through this thread, but calling what I did suspicious is in the same vein as calling a car full of people with dreadlocks and the dyes suspicious. Sure, its probable that I wanted to avoid it because I was committing a crime(I wasn't) but there isn't enough suspicion to pull me over. And if you google it, its generally clear.
Maybe I'm just being an antagonizing asshole. Whatever.
It is not clear what the standard of evidence required to pull someone over is.
I have always heard that it is probable cause, but a google search said that the supreme court has not clarified this.
I know that anonymous tips are not enough to pull someone over.
https://www.google.com/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#q=standard%20of%20evidence%20for%20being%20pulled%20over
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Enlil
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Registered: 08/16/03
Posts: 65,510
Loc: Uncanny Valley
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Re: I was pulled over for turning around before a DUI checkpoint [Re: Alan Rockefeller]
#21691351 - 05/17/15 04:58 PM (8 years, 8 months ago) |
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Anonymous tips certainly can be enough to pull someone over...or for a search warrant, for that matter. The anonymous tip does, however, have to provide some information that is verifiable and tends to show the credibility of the tipster and his/her position to know facts relevant to the probable cause.
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Alan Rockefeller
Mycologist

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Re: I was pulled over for turning around before a DUI checkpoint [Re: Enlil]
#21692153 - 05/17/15 08:10 PM (8 years, 8 months ago) |
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Quote:
Enlil said: Anonymous tips certainly can be enough to pull someone over...or for a search warrant, for that matter.
Looks like you are right!
https://www.google.com/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#q=anonymous+tip+court
I recall a case where someone called in a suspicious vehicle, thinking that the guy was growing marijuana. The police came and stopped the car based on the tip, and found that he was growing marijuana. He got off in court because the police lacked probable cause to stop him. I am not sure where that case happened and I couldn't find it in a quick google search.
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johnm214


Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Re: I was pulled over for turning around before a DUI checkpoint [Re: Alan Rockefeller]
#21710041 - 05/22/15 10:51 AM (8 years, 8 months ago) |
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Quote:
Alan Rockefeller said:
Quote:
Enlil said: Anonymous tips certainly can be enough to pull someone over...or for a search warrant, for that matter.
Looks like you are right!
https://www.google.com/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#q=anonymous+tip+court
I recall a case where someone called in a suspicious vehicle, thinking that the guy was growing marijuana. The police came and stopped the car based on the tip, and found that he was growing marijuana. He got off in court because the police lacked probable cause to stop him. I am not sure where that case happened and I couldn't find it in a quick google search.
The line is, as Enlil suggested, that anonymous tips aren't ipso facto sufficient, however; they may be if they have specuific independantly verifiable facts that the cops can verify beforehand and which give the main allegation more reliability.
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Anonymous #1
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Re: I was pulled over for turning around before a DUI checkpoint [Re: tito123]
#21840126 - 06/22/15 12:15 AM (8 years, 7 months ago) |
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Quote:
Granted, it looks suspicious, but in no way does it mean a cop can pull me over.
Reasonable suspicion is when you look reasonably suspicious, that seams pretty simple. You looked shady pulling into someone else's driveway to avoid a DUI checkpoint and based on that he made a traffic stop, didn't have probable cause to search so he let you go.
As other posters have stated, its not advised to start fights with local law enforcement. Why would you want to deal with them more than you had to?
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orison
mcfluffysugarnuts


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Re: I was pulled over for turning around before a DUI checkpoint [Re: Anonymous #1] 1
#21840144 - 06/22/15 12:21 AM (8 years, 7 months ago) |
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oh man ... I Iold this one time passing thru DuI checkpoint. Im not drinking but my friends are. the officer said "have you been drinking tonight?".. and my passenger said "hell ya".. cop shined light and we went along our merry way.
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trscstghst
stranger



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Posts: 786
Loc: here
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Re: I was pulled over for turning around before a DUI checkpoint [Re: tito123]
#21994827 - 07/25/15 11:38 AM (8 years, 6 months ago) |
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I thought that DUI checkpoints had to be located where people had the option to turn within so many feet. that's how the scotus justified their legality. in essence giving motorists the option to opt out
-------------------- Why use up the forests which were centuries in the making and the mines which required ages to lay down, if we can get the equivalent of forest and mineral products in the annual growth of the hemp fields? o Henry Ford
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Dr.Satan
Mad Professor



Registered: 06/26/15
Posts: 2,182
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Re: I was pulled over for turning around before a DUI checkpoint [Re: jahrastafareye]
#21997639 - 07/25/15 10:47 PM (8 years, 6 months ago) |
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Quote:
jahrastafareye said: Do not rest until this dictator is held accountable for the atrocities he's committed.
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Edited by Dr.Satan (07/25/15 10:47 PM)
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