Home » Public Forums » GMCnet » North Texas Drivers Stopped at Roadblock Asked for Saliva, Blood
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| Re: North Texas Drivers Stopped at Roadblock Asked for Saliva, Blood [message #230443 is a reply to message #230434] |
Wed, 20 November 2013 10:51   |
Ken Burton
Messages: 10030
Registered: January 2004
Location: Hebron, Indiana
Karma: 10
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My daughter and I got stopped in Cairns, Australia in a similar check point. Since we were foreigners I figured we ought to comply. They stopped their with just the breathalyzer. I was driving but they tested us both.
I also got stopped in a similar check point on a 2 lane highway in Nebraska. I saw them giving breath tests to people in cars in line in front of me. When I got to the front of the line he said "Have you been drinking" and something about no front plate. I said "Indiana" and they waved me through.
I have never understood exactly what they can and can not do in the US at one of these check points. Even though I do not like it, I figure it is best to just comply and continue on my way when they find nothing.
Ken Burton - N9KB
76 Palm Beach
Hebron, Indiana
[Updated on: Thu, 21 November 2013 04:17] Report message to a moderator |
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| Re: [GMCnet] North Texas Drivers Stopped at Roadblock Asked for Saliva, Blood [message #230473 is a reply to message #230443] |
Wed, 20 November 2013 13:10 |
jhbridges
Messages: 8412
Registered: May 2011
Location: Braselton ga
Karma: -74
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What they can legally do and what they will do if you let them are two very different things. Most States have an implied consent law which allows breath or blood test for alcohol. There needs to be 'reasoonable cause' here, but the cop can make up a plausible lie very quickly. A search on traffic stop is expressly prohibited according to The Supremes, although the cop will ask. If you consent, he can then search your car. I will only consent if I have one of the dogs along, because the cop will be pist at my refusal and the dog is an easy way for him to get back at me. When you think about it, there is absolutely >no< upside for you in a search. Always refuse. You'll have to spend a bit of time while the cop calls his drug dog - because of the dog 'alerts' he then has probable cause to search without consent. If you wait more than a 'reasonable' time, your lawyer will get anything the cop were to come up with tossed. I'm told the
courst have held that 15 - 30 minutes constitutes 'reasonable' but I don't have a cite. Robin might have better insight into the matter.
We have taken the cop's judgement away from him, which has turned him into an adversary in every instance. It's a pity to a country boy who grew up around small towns with friends on the force. They knew who do and who don't do, and pretty much acted accordingly. In today's climate I would have spent my formative years in jail with many of my peerrs.
--johnny
From: Ken Burton <n9cv@comcast.net>
To: gmclist@temp.gmcnet.org
Sent: Wednesday, November 20, 2013 11:51 AM
Subject: Re: [GMCnet] North Texas Drivers Stopped at Roadblock Asked for Saliva, Blood
My daughter and I got stopped in Cannes, Australia in a similar check point. Since we were foreigners I figured we ought to comply. They stopped their with just the breathalyzer. I was driving but they tested us both.
I also got stopped in a similar check point on a 2 lane highway in Nebraska. I saw them giving breath tests to people in cars in line in front of me. When I got to the front of the line he said "Have you been drinking" and something about no front plate. I said "Indiana" and they waved me through.
I have never understood exactly what they can and can not do in the US at one of these check points. Even though I do not like it, I figure it is best to just comply and continue on my way when they find nothing.
--
Ken Burton - N9KB
76 Palm Beach
Hebron, Indiana
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Foolish Carriage, 76 26' Eleganza(?) with beaucoup mods and add - ons.
Braselton, Ga.
I forgive them all, save those who hurt the dogs. They must answer to me in hell
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| Re: [GMCnet] North Texas Drivers Stopped at Roadblock Asked forSaliva, Blood [message #230486 is a reply to message #230476] |
Wed, 20 November 2013 14:20 |
cadelec
Messages: 303
Registered: September 2011
Location: Brisbane Australia
Karma: 1
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this is one of those issues that the civil libertarians here in Australia jumped up and down about at the time. i think though that after 30 years we have come to accept it and now the number of drunk drivers has decreased significantly.
back in the eighties when living in the outback distances were measured in stubbies(13oz bottles of beer).
for example if you were asked how long to get from Mt Isa to Katherine
answer 6 pack
this attitude has now changed thanks to random breath testing if you havn't been drinking what does it hurt to blow into a bag to stop someone else from causing damage
Trevor
Brisbane Australia
Siesta Koala 76 Edgemont (old Bobby Moores)
71 Cadillac Eldo Convert
58 Cadillac Eldorado Brougham Project
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| Re: [GMCnet] North Texas Drivers Stopped at Roadblock AskedforSaliva, Blood [message #230492 is a reply to message #230486] |
Wed, 20 November 2013 14:39 |
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USAussie
Messages: 15912
Registered: July 2007
Location: Sydney, Australia
Karma: 6
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Trevor,
"number of drunk drivers has decreased significantly."
My point exactly!
Pubs would close at
Regards,
Rob M.
The Pedantic Mechanic
USAussie - Downunder
USA '75 Avion - Double Trouble TZE365V100426
AUS '75 Avion - The Blue Streak TZE365V100428
-----Original Message-----
From: gmclist-bounces@temp.gmcnet.org [mailto:gmclist-bounces@temp.gmcnet.org] On Behalf Of Trevor Pordage
Sent: Wednesday, November 20, 2013 2:21 PM
To: gmclist@temp.gmcnet.org
Subject: Re: [GMCnet] North Texas Drivers Stopped at Roadblock AskedforSaliva, Blood
this is one of those issues that the civil libertarians here in Australia jumped up and down about at the time. i think though that
after 30 years we have come to accept it and now the number of drunk drivers has decreased significantly.
back in the eighties when living in the outback distances were measured in stubbies(13oz bottles of beer).
for example if you were asked how long to get from Mt Isa to Katherine
answer 6 pack
this attitude has now changed thanks to random breath testing if you havn't been drinking what does it hurt to blow into a bag to
stop someone else from causing damage
--
Trevor
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Regards,
Rob M. (USAussie)
The Pedantic Mechanic
Sydney, Australia
'75 Avion - AUS - The Blue Streak TZE365V100428
'75 Avion - USA - Double Trouble TZE365V100426
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| Re: North Texas Drivers Stopped at Roadblock Asked for Saliva, Blood [message #230503 is a reply to message #230434] |
Wed, 20 November 2013 14:55 |
rcjordan
Messages: 1913
Registered: October 2012
Location: Elizabeth City, North Car...
Karma: 1
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Senior Member |
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>With all due respect if you had a loved one KILLED by a drunk on the road would you still say; "$$@#%&* that!"
Yup. I have no problems with probable cause stops, or even highway checkpoints on holidays (sort of an extended probable cause based on probability).
SOLD 77 Royale Coachmen Side Dry Bath
76 Birchaven Coachmen Side Wet Bath
76 Eleganza
Elizabeth City, NC
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| Re: North Texas Drivers Stopped at Roadblock Asked for Saliva, Blood [message #230514 is a reply to message #230503] |
Wed, 20 November 2013 16:51 |
tphipps
Messages: 3005
Registered: August 2004
Location: Spanish Fort, AL
Karma: 9
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Senior Member |
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You missed a major point. This was a private firm, not police officials working in any official capacity. True, they had a GovT contract, but this does not give them any official police type action against motorists. Bad part, they "hired" off-deputy police officers to direct traffic into the trap. This is the only point the local police chief apologized about.
I'm surprised, that this being in Texas, and the firm was from California, that someone was not shot. This was during the normal day, and they shut down the road. Good way to get run over by someone texting while driving.
Carry hornet spray and learn to use it.
Tom, MS II
2012 Phoenix Cruiser model 2552
KA4CSG
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| Re: [GMCnet] North Texas Drivers Stopped at Roadblock Asked for Saliva, Blood [message #230545 is a reply to message #230503] |
Wed, 20 November 2013 18:30 |
jhbridges
Messages: 8412
Registered: May 2011
Location: Braselton ga
Karma: -74
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Senior Member |
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Here they do license checks, often on holidays and late nights in appropriate areas. 'Show your papers please'. i.e. valid license and proof of insurance. If this generates probable cause - you slur, or smell of booze or asparagus cigarettes, the cop has probable cause and will test. Under implied consent you either submit to the test or lose your license for refusing. They catch as many impaired drivers that way as they would on random tests and it saves time and money. It is effective in removing drunks.
--johnny
From: RC Jordan <rc@rcjordan.com>
To: gmclist@temp.gmcnet.org
Sent: Wednesday, November 20, 2013 3:55 PM
Subject: Re: [GMCnet] North Texas Drivers Stopped at Roadblock Asked for Saliva, Blood
>With all due respect if you had a loved one KILLED by a drunk on the road would you still say; "$$@#%&* that!"
Yup. I have no problems with probable cause stops, or even highway checkpoints on holidays (sort of an extended probable cause based on probability).
--
77 Royale Coachmen Side Dry Bath
76 Birchaven Coachmen Side Wet Bath
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Foolish Carriage, 76 26' Eleganza(?) with beaucoup mods and add - ons.
Braselton, Ga.
I forgive them all, save those who hurt the dogs. They must answer to me in hell
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| Re: [GMCnet] North Texas Drivers Stopped at Roadblock Asked forSaliva, Blood [message #230616 is a reply to message #230476] |
Thu, 21 November 2013 04:24 |
Ken Burton
Messages: 10030
Registered: January 2004
Location: Hebron, Indiana
Karma: 10
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Senior Member |
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| Robert Mueller wrote on Wed, 20 November 2013 13:15 |
Ken,
Cannes is in the south of France; Cairns is in northern Queensland. 
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I knew it was spelled wrong. I meant to go back and correct it before I hit send but I forgot. I have been in both cities and they are pronounced the same. I fixed the spelling on the posting but emailers never see corrections.
Thanks Rob.
Ken Burton - N9KB
76 Palm Beach
Hebron, Indiana
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