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Today's Negative LEO Interaction - License Check "Avoidance"

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Today's Negative LEO Interaction - License Check "Avoidance"

Old 07-02-2018, 05:45 AM
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Originally Posted by mikeloew View Post
So if you turn around when you spot a checkpoint, does that make you a criminal now and give the police a reason to follow you and stop your car going away from the checkpoint? Kind of like fleeing and eluding? Does that give LEO probable cause ?
in several states it can be an additional charge (after they most likely cite you for an illegal U since they tend to set up in places where you cannot legally turn around)

in the case of the OP I find it more of an issue since the officer did not have authority on the section of road where the OP turned off of and thus did not have authority to conduct a traffic stop or stop anyone for a violation on that section of road.....never mind the OP had no violation since he made a legal turn down an open road that lead directly to his residence
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Old 07-02-2018, 05:45 AM
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Originally Posted by Cracker View Post
The Supreme Court has ruled that the check points are NOT a violation of the law...

Matter of fact, from what I know of them, they have to advertise where and when they will be done. There are a lot of rules to setting one up.

I am do not personally care for them BUT they are not a violation of your rights per the Sepreme Court and they are a very liberal body as a whole..
This is what passes for "advertisement" in SC. https://www.wspa.com/news/spartanbur...-4th/896729719 This is not the agency involved however.

Spartanburg Co. Sheriff's Office says they will be conducting a public safety checkpoint in the county on July 4th.

They will be looking for seatbelt and child restraint violations along with all other traffic laws.

You will be asked for the following at the checkpoint.

Driver's License

Vehicle Registration

Proof of Insurance
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Old 07-02-2018, 05:48 AM
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Originally Posted by vincentdivincenzo View Post
I too saw a bunch of lights .one night coming back from town.
I took the back road .He lit me up with s lights.
I pulled over .and he asked me why I had avoided the Checkpoint.
I told him that I thought it was an accident.
I knew better.I don't like being fkd with …
Showed em license registration .No warrants .and on my way.
I aint got no problems with the BLUE.
You might need em some day .just sayin.
This is essentially what I did, but add in it was the most direct route to my house. Upon discovering that this was in fact the case, the LEO should have gone on his merry way without trying to take the conversation further or preach to me. I basically just sat there smoking my cigar and nodding. It was a good cigar, so I definitely wasn't putting it out.
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Old 07-02-2018, 05:48 AM
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Originally Posted by autobaun70 View Post


he was, but they do have Authority to exit jurisdiction if they see a known or suspected crime happening. While I completely disagree with the existence of traffic checkpoints, I understand why he would check out somebody turning down the road that I did. Itís a tiny one lane road, that hardly anybody travels. If you turn down that road during awards this check you either live there, or are ducking checkpoint.

it is absolutely pointless to complain to anybody associated with his department, town Council, or mayor. They are all in on it, and without traffic ticket revenue, they would have to dissolve the town. Itís an old mill town, that should be disolved, but of course the voters that live within it donít want to see that happen due to all the freebies that comes along with living inside city limits.
Sounds like a good time to move.
You will interact with this officer again...and like you said, trying to buck the system in a good 'ol boy town is an exercise in futility.
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Old 07-02-2018, 05:51 AM
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Originally Posted by Wolakrab View Post
So, he was out of his jurisdiction and was giving you a hard time? Add to that he could see you lived there and the route you took was shorter than pulling up to the entrance where the check was? Should have gotten his name and badge number and made a call to his duty officer...sounds like an over-zealous jerk on a power trip.
Ding ding ding

The officer was just annoyed because he thought he had a real evader on his hands, that is up until he saw where you lived. Then he let his bruised ego take over from there.

I believe these are the worst officers to get in any kind of exchange with because he is already emotionally prepared to make a case out of it.

This is when you take out your phone and start filming.

Last edited by Fish'nFool; 07-02-2018 at 06:27 AM.
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Old 07-02-2018, 06:19 AM
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Originally Posted by autobaun70 View Post
This is what passes for "advertisement" in SC. https://www.wspa.com/news/spartanbur...-4th/896729719 This is not the agency involved however.

Spartanburg Co. Sheriff's Office says they will be conducting a public safety checkpoint in the county on July 4th.

They will be looking for seatbelt and child restraint violations along with all other traffic laws.

You will be asked for the following at the checkpoint.

Driver's License

Vehicle Registration

Proof of Insurance
Putting it on the nightly news seems pretty big doing...here it just goes in the newspaper..
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Old 07-02-2018, 06:22 AM
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Originally Posted by Cracker View Post
Putting it on the nightly news seems pretty big doing...here it just goes in the newspaper..
Except that they don't even give a general area/location. Just "throughout the county" which is huge. I've never seen it actually be mentioned on the news, just on the website, typically buried pretty deep. Definitely never a headline.
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Old 07-02-2018, 07:01 AM
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Seems like a good use of manpower. Geezus!

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Old 07-02-2018, 07:07 AM
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Originally Posted by Boataholic View Post
Seems like a good use of manpower. Geezus!

http://www.youtube.com/watch?v=g5Vqu4l9y9Q
That kid needs a sack of hamburgers, and his ass kicked for that stupid haircut.
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Old 07-02-2018, 07:23 AM
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As much as I hate checkpoints, I have never had a problem going through one.* Just be nice and do what the officer(s) asks. But, on Monday morning, I am always amazed when they report a high number of DWI arrest, drug infractions, no license, illegal plates. When will these idiot drivers learn to not drive and do dumb stuff? (answer is: never)



*Came into one, in a tree lined double S curve on a county road. Sight lines were very limited. Going the speed limit and had to slam on brakes to avoid hitting stopped traffic. Got to the SHP checking and opened my mouth. Asked him if they were trying to get some one killed by their dangerous set up. He did not appreciated and told me just to get out of the way. I am getting too old to put up with BS.
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Old 07-02-2018, 07:27 AM
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Originally Posted by nccoaster View Post
As much as I hate checkpoints, I have never had a problem going through one.* Just be nice and do what the officer(s) asks. But, on Monday morning, I am always amazed when they report a high number of DWI arrest, drug infractions, no license, illegal plates. When will these idiot drivers learn to not drive and do dumb stuff? (answer is: never)



*Came into one, in a tree lined double S curve on a county road. Sight lines were very limited. Going the speed limit and had to slam on brakes to avoid hitting stopped traffic. Got to the SHP checking and opened my mouth. Asked him if they were trying to get some one killed by their dangerous set up. He did not appreciated and told me just to get out of the way. I am getting too old to put up with BS.
I watch the local paper in my home town and check out the crime report each morning. Always amazed at the number of drug arrests that have a seat belt charge with them. Seems like at a minimum if you are going to ride around with meth in the car, you would wear your seat belt to avoid getting pulled over. Evidently meth heads aren't the smartest bunch.
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Old 07-02-2018, 07:32 AM
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Originally Posted by autobaun70 View Post
I watch the local paper in my home town and check out the crime report each morning. Always amazed at the number of drug arrests that have a seat belt charge with them. Seems like at a minimum if you are going to ride around with meth in the car, you would wear your seat belt to avoid getting pulled over. Evidently meth heads aren't the smartest bunch.

LOL, so true.
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Old 07-02-2018, 07:33 AM
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In CHS the new stations might mention them, and put the locations on their web site. As stated, sometimes you can find it buried on the SC DOT website, but its not easy to find.
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Old 07-02-2018, 07:35 AM
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op, you just tell him, get off my property. that's all. then don't answer any questions.
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Old 07-02-2018, 07:38 AM
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Next time ask him if you are being detained or if you are free to go. If he said you are being detained ask under what grounds. Make sure you at least have the voice recorder on your phone on.
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Old 07-02-2018, 07:47 AM
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Originally Posted by yarcraft91 View Post
Didn't know about the constitutional thing, but I have lived in Michigan for >45 years and the only random checkpoint I have ever seen was run by the US Border Patrol, not any Michigan police agency. I lived in Georgia for 2 years and went through 2 random checkpoints. You folks who live in states that allow these random checkpoints should demand to know how the taxpayers are benefitting from this checkpoint business. Your government is spending your money and for what? Does your state have a lower rate than other states of auto fatalities or injuries due to drunk drivers? Is your state's crime rate lower than the national average?
Since July 4th falls on Wednesday we will have the weekend before and after of vacationers on the lake where I live.
I will go through probably at least 4, maybe more road checkpoints during this time.
The little town (1 dollar general, 1 very small grocery store, 2 convenience stores and a whiskey store) will have 2 of those.
In the 3 years that I've been there I've gone through so many that they now just wave me on through
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Old 07-02-2018, 08:07 AM
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Originally Posted by Cracker View Post
The Supreme Court has ruled that the check points are NOT a violation of the law...

Matter of fact, from what I know of them, they have to advertise where and when they will be done. There are a lot of rules to setting one up.

I am do not personally care for them BUT they are not a violation of your rights per the Sepreme Court and they are a very liberal body as a whole..
I read the majority opinion on this (6-3 vote), and the justices concluded that the stop was in fact a "seizure" and the question is, was it reasonable? The justification for it being reasonable, is that DUI accidents are a major problem, responsible for 25,000 deaths annually (1990) and the infringement was justified as it only holds drivers up for a few minutes. The legal opinion focused heavily on the high number of DUI accidents as justification, with one justice referring to the highways as a slaughterhouse.

Given that
a) DUI fatalities have declined to a rate of around 10,000/yr while traffic on our roads has increased two or three fold since that time
b) the efficacy of sobriety checkpoints in preventing DUI fatalities is subject to debate, plenty of studies arguing either way
c) 85% of arrests or citations at these checkpoints are issued for something other than driving under the influence (perhaps most important)

The original ruling might be revisited at some point.
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Last edited by dell30rb; 07-02-2018 at 08:13 AM.
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Old 07-02-2018, 08:17 AM
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Originally Posted by dell30rb View Post
I read the majority opinion on this (6-3 vote), and the justices concluded that the stop was in fact a "seizure" and the question is, was it reasonable? The justification for it being reasonable, is that DUI accidents are a major problem, responsible for 25,000 deaths annually (1990) and the infringement was justified as it only holds drivers up for a few minutes. The legal opinion focused heavily on the high number of DUI accidents as justification, with one justice referring to the highways as a slaughterhouse.

Given that
a) DUI fatalities have declined to a rate of around 10,000/yr while traffic on our roads has increased two or three fold since that time
b) the efficacy of sobriety checkpoints in preventing DUI fatalities is subject to debate, plenty of studies arguing either way
c) 85% of arrests or citations at these checkpoints are issued for something other than driving under the influence (perhaps most important)

The original ruling might be revisited at some point.
I'll give you a couple more points to challenge that ruling. South Carolina conducts the "check points", Michigan does not. South Carolina residents consume less alcohol per capita than Michigan residents do. Yet, in spite of the check points and reduced alcohol consumption, South Carolina has 3X the rate of traffic fatalities due to drunk drivers that Michigan has. I would argue that is evidence that the check points are ineffective at reducing drunk driving fatalities.
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Old 07-02-2018, 08:50 AM
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Originally Posted by dell30rb View Post
I read the majority opinion on this (6-3 vote), and the justices concluded that the stop was in fact a "seizure" and the question is, was it reasonable? The justification for it being reasonable, is that DUI accidents are a major problem, responsible for 25,000 deaths annually (1990) and the infringement was justified as it only holds drivers up for a few minutes. The legal opinion focused heavily on the high number of DUI accidents as justification, with one justice referring to the highways as a slaughterhouse.

Given that
a) DUI fatalities have declined to a rate of around 10,000/yr while traffic on our roads has increased two or three fold since that time
b) the efficacy of sobriety checkpoints in preventing DUI fatalities is subject to debate, plenty of studies arguing either way
c) 85% of arrests or citations at these checkpoints are issued for something other than driving under the influence (perhaps most important)

The original ruling might be revisited at some point.
AND IN BIG LETTERS. I AM NOT A FAN OF THEM..

6 to 3 is still a passing vote and yes anytime someone is stopped or detained it is a seizure but allowed under the law as long as there is probable cause or within the law and not a violation of your rights...
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Old 07-02-2018, 08:53 AM
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Originally Posted by yarcraft91 View Post
I'll give you a couple more points to challenge that ruling. South Carolina conducts the "check points", Michigan does not. South Carolina residents consume less alcohol per capita than Michigan residents do. Yet, in spite of the check points and reduced alcohol consumption, South Carolina has 3X the rate of traffic fatalities due to drunk drivers that Michigan has. I would argue that is evidence that the check points are ineffective at reducing drunk driving fatalities.
I do think that "safety stops" on the water, and "traffic stops" on the highway are unconstitutional.

However, I would probably try to use a different state to prove your point...while I don't know about the tourist industry in Michigan, I do know about it in SC. That state is a bad one to use...as there is very little public transportation, no "major cities", and 3 of the largest cities are VERY tourist/alcohol driven in Charleston, Myrtle Beach, and Hilton Head.

A closer comparison my be Georgia.
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