NH: Suspicionless checkpoint sparks protest (1 of 2)

[macrochronic]

at least these cops were civil

[jcfan42]

I am a little surprised to see a number of protestors around there at such a late hour; then again, tyranny never sleeps either, so there they were.

[rabidgnome1]

all i have to say now is "If you love wealth more than liberty, the tranquility of servitude better than the animating contest of freedom, depart from us in peace. We ask not your counsel nor your arms. Crouch down and lick the hand that feeds you. May your chains rest lightly upon you and may posterity forget that you were our countrymen."

-- Samuel Adams, (1722-1803) U.S. Founding Father, Governor of Massachusetts, and the Crown's Public Enemy #1" have a nice day,i will not resond anymore

[del0griffith]

what is wrong with a sobriety checkpoint? i suppose you won't complain when a drunk driver slams his car into yours and kills your family then? glad to hear that you are okay with people driving drunk.

[rabidgnome1]

you dont seem to realise that most if not all of these checpoints are done for no other reason than to issue tickets for anything they can find,, its a revenue earning issue not a saftey issue

[del0griffith]

I guess you don't seem to realize that tickets are given for safety infractions on your vehicle...broken windshields, burnt out lights, mechanical problems, seatbelts, brakes, exhaust, etc...so yeah, it most definitely is a safety issue, along with finding impaired drivers. So keep your vehicle in good repair and follow the rules of the road, and you have nothing to worry about. I haven't gotten a ticket in over 10 years and been through dozens of roadside checkpoints.

[rabidgnome1]

yes i realize that but is it fair to use drunk driving as an excuse to stop people just to issue tickets to get income for the city???? isnt that a violation of our protections against unlawfull search and seizures????

[del0griffith]

It's not a search, nor is it a seizure. They are surveying for obvious violations. It's not an unreasonable detention, because people are only given tickets for infractions against safety regulations. It's not an unreasonable detention, because they are operating in the lawful execution of their duties. As long as all your p's and q's are in order, you have nothing to worry about.

[jcfan42]

I suppose you might not mind a regularly-scheduled narcotics cavity search in the middle of the night. The police might have to make sure you are not hiding drugs anywhere, especially when you are peacefully asleep at home.

[stevema2]

The person in the video -- Mike -- looked like Osama lmao :p

[yakyakyak69]

Tyranny today comes in the form of the United Socialist States of America. The USSA is a one party totalitarian state of Democrat-Socialists and NeoCon-Fascists who don't allow any dissenting views.

A vote for McCain or Obama says that you are an ignorant fool willing to trade your rights & freedoms for a false security.

Voting for McBama is a wasted vote because either way... WE LOSE!

Vote for ANY 3rd. party to send a message that We, the People aren't listening to their BS any more!

[intrepgun]

using hang drum music now, dave? good call. :)

[lastlady]

Great work Dave as always in the right place reporting on important news.

Say NO to the police state.

No to check points, this is America not Nazi Germany.

And remember we always have the right to remain silent. Use your 5th amendment right.

[russellkanning]

excellent work guys

[CheckpointUSA]

Besides checking with a NH court to see if this checkpoint was duly authorized by a judge as required by NH statute, someone may want to also request a copy of the Manchester Police Department Sobriety Checkpoint Guidelines.

Federal courts have indicated a failure to have guidelines in place that limit the discretion of on-scene officers & the scope of the checkpoint is a primary indicator the checkpoint is being conducted outside the boundaries established by SCOTUS for sobriety checkpoints.

[CheckpointUSA]

In the Sobriety Checkpoint Guidelines I've gathered together in Arizona from various police departments, the documents make clear individuals cannot be detained merely for refusing to roll down their window or otherwise interacting with a stopping officer.

The individual may be followed by a patrol car after leaving the checkpoint to make sure there are no signs of impairment but the right to remain silent is respected, at least on paper, in many departments during these operations.

[CheckpointUSA]

Great video Dave. With regards to statistics, studies from across the country show that the average DUI arrest rate at these suspicionless sobriety checkpoints is about 0.6%. The conviction rate usually drops to 0.3% after the cases work their way through court.

Considering that roving patrols have a DUI arrest rate over 10 times greater, suspicionless checkpoints are not only a violation of the Bill of Rights but are also quite inefficient in the arrest rate & the man-hours used per operation.

[DanaDurnford]

Bet they never set up shop on Rich Snob Hill or around the corner from the Mayors house,or during a gov convention!

[Yawny2152]

i would say that a sobriety check and checking if a vehicle is road worthy or not is a GOOD idea....so again i ask "what are they doing wrong"......

[Amy31415]

Good for you guys. Keep up the great work and I just might move to NH yet!

[TEBON]

that guy has a bigger beard than me. . . jealous!

[mcmikemn]

Dave, you corrected yourself saying that the cops *did* have suspicion to pull over one of the detainees because s/he said s/he had been drinking. But the cops couldn't know that until *after* they pulled him/her over. So it's still a suspicionless stop.

[LumpyRevolution]

How about how distracted WE ARE by all the blue lights and questioning out of nowhere?

I'm no proponent for drunk driving, in fact I think it's really dangerous but I don't need to spend my money on police to drop my friends in a corporate jail, mkae criminals out of them and keep growing corporate-fascist government forces larger and more imposing (on our freedom). NEVER TALK TO THE POLICE! NEVER!

[700eyesonly007]

Great job Dave and everyone else who was out there protesting.

[hubbardpt]

Maybe next time bring homemade Checkpoint Avoidance Detour signs!

[lastlady]

"In every criminal trial, the prosecution must prove the corpus delecti, or body of a crime itself-i.e. the fact of injury, loss or harm, and existence of a criminal agency as its cause."

NO VICTIM NO CRIME

[rmodel65]

cute girl doing the intro :)

[Yawny2152]

can someone please tell me what the police doing wrong....for god sake people get a life....when someone in your family gets run over by a drunk driver and the police dont catch them dont start moaning.....at least they got one good result at the end of this stupid video, that woman getting locked up......well done boys.....keep up the good work

[hubbardpt]

It's the fact that they not only stop people to check sobriety, they inspect your vehicle, look you over and are a general pain in the ass.

[RidleyReport]

How do you know she was a DUI arrest? The cops wouldn't say, and never administered any type of test.

[LumpyRevolution]

Jeesh! Looks like you're views are going out of style here Yawny2152. 5 thumbs down in very short time. Have you read the other comments here to determine just why so many people are understanding that this is flat out wrongful?

[AnarchyInYourHead]

Besides their right to remain silent, they also seem unaware that detaining someone requires probable cause. If they make it clear to the officer(s) that they're aware of that by say "Am I being detained?"- usually answer is no, particularly here where I suspect they don't have probable cause, then "So I'm free to go?" and then if they say no, then ask again if you're being detained. It's legal terminology contestable in court.

[obscuredtruth]

Anyone check for their petition with the superior court?

265:1-a Sobriety Checkpoints. -- Notwithstanding any provision of law to the contrary, no law enforcement officer or agency shall establish or conduct sobriety checkpoints for the purposes of enforcing the criminal laws of this state, unless such law enforcement officer or agency petitions the superior court and the court issues an order authorizing the sobriety checkpoint after determining . . . satisfies constitutional guarantees.

[LumpyRevolution]

You rock Sam!  Thanks!

[rataMacue22]

when someone admits they have been drinking a lil, they forfeit their 5th amendment right and open themselves up to suspicion.

[wait887]

I thought these checkpoints were illegal in NH?

[rataMacue22]

unconstitutional doesn't mean illegal, apparently. sad

[accityfolk]

sakal c-a-i sakal c-a-i

[wasuretta]

In Japan, these checkpoints are allowed; however, must be published when and what area in a public newspaper.

"Fear is the mark of a slave."

Diogenes of Sinope

[happosai21]

wow policestate in action o.o good video