Thread: Question for the Americans: Beer drinking

Originally Posted by jnich67

I'm under the impression that police now do the same types of checks here. If you don't pull over to a sobriety check point, they can hold you or do something bad. Maybe I'm wrong?

Jordan

If they do it is a fourth amendment violation. This would be an arbitrary search. They need to show cause. If you get stopped by one though find a lawyer you could be set for life.

Originally Posted by Wildtim

If they do it is a fourth amendment violation. This would be an arbitrary search. They need to show cause. If you get stopped by one though find a lawyer you could be set for life.

I've actully been stopped a couple of times in these random checkpoints. I hadn't been drinking either time. I think they just kind of "check you out" while presenting an "educational" spiel about drinking and driving. Maybe if you run from the checkpoint, that's seen as probably cause. I don't know. I can see your point though.

Jordan

I know the case law here is that unless there is probable cause for a primary violation they can't pull you over. If they want to educate you about drunk driving thats why they have D.A.R.E. just pulling you over for an educaitonal spiel sounds like the equilivelent of kicking your tail light in to me.

We have seat belt checkpoints every once in a while but they don't stop you the look to see if you are wearing it and if you aren't then they stop you.

They didn't pull me over. It was more like they directed everyone off the road (a smaller two lane job that runs through town) and into a parking lot. You had to wind around through a few turns marked off by cones to an officer who bent down into the window and said "how you folks doin' tonight? Have you had anything to drink? (He's checking to see if your eyes are red or if you reek of booz) No? Ok, we're doing this to educate the public about the dangers.....etc.". I'm sure they figured a way to get around the law doing it this way.

Jordan