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In response to: ACLU Requests Probe Into Southern Arizona USCBP Checkpoints

Julie [Visitor]
Been a while since I visited the site. Just a quick thank-you for all you do! :)
Permalink 2014-01-20 @ 11:01

In response to: Joe Williams Provides a Checkpoint Update From Atlanta

North Carolina Liberty [Visitor]
I corresponded with Joe by email and talked with him on the phone two or three times. Joe is fervent about this issue, and we need many more like him.

I hope Joe finds an attorney who will help him file civil charges.
Permalink 2013-08-08 @ 02:28

In response to: Charges Against Checkpoint USA Dismissed In Court Again

Checkpoint USA [Member]
You may want to take a look at the Veho Muvi line of cameras. Cheaper than the GO Pro and Contour cameras but good video quality, lots of mounting options for both in-car and on-body use and very small in size. The latest model also has a remote which comes in handy depending on where you mount the camera.

I haven't tried any of the Go Pro cameras yet but the new Hero 3 edition will probably be the next camera I experiment with. I also like the Canon Powershot line of cameras and I have a Contour 2 that I've been experimenting with which has some interesting features such as GPS data synced to your video. external mic hookups, etc.

The Veho camera is the most versatile however due to its small size, good video output and mounting options.

Not much you can do with regards to protecting video from being deleted unless you can save it off site in real time. For that feature, you'll need to take a closer look at smart phone options.

Otherwise, having multiple cameras running so that it would be mighty suspicious if all of them mysteriously broke or lost their data is really the only way to go with out a very specialized setup running in your vehicle.
Permalink 2013-07-11 @ 22:42

In response to: Rutherford County Sheriff Deputies Assist Motorists On Independence Day

Steve H [Visitor]
If the leos arrested anyone for dui at this particular ckpt, a good defense atty could argue that the whole ckpoint is invalid because, this leo was using too much discretion, that he was checking paperwork for warrants and out of date insurance and looking for drugs that didn't exist and searching the car without a warrant (making this a checkpoint that was set up under the pretext of being a "general crime control" checkpoint and he would have most of the evidence he needs here in this video.
Permalink 2013-07-08 @ 10:48

In response to: Rutherford County Sheriff Deputies Assist Motorists On Independence Day

Steve H [Visitor]
I also think in regards to TN law and State vs. Downey that the Supreme Court of TN said that these types of roadblocks may pass constitutional muster, if certain conditions exist, but that the roadblock that MS. Downey was stopped at DIDN't pass constitutional muster because 1) it wasn't advertised in the media 2)there were no signs indicating that a motorist was about to enter a police roadblock 3) that the leos set up the roadblock by relying on a DMV rule for DL checkpoints, but they had the breathalizer van there at the checkpoint and there was no indication that the jurisdiction administration had approved the roadblock.
Permalink 2013-07-08 @ 10:26

In response to: Rutherford County Sheriff Deputies Assist Motorists On Independence Day

randy Luallin [Visitor]
I tried to send this to the Sheriffs office and the county clerk but could not get a usable email address

July 7

Dear Sheriff,

After watching the video contained in this correspondence shown below I was compelled to not just be appalled but to write to you. As a citizen, a veteran and with a son who serves honorably in the police force I would like to suggest some remedial training for those in your employ. I realize it was at great taxpayer expense to have these officers work on the 4th instead of being with their families. Here is a possible and acceptable response to this situation. The Officer at any given point could have said. " Young man I am truly happy that you are aware of your rights. As you may know I have taken a solemn oath to uphold those rights and support and defend the constitution of our great country, Tonight we are working hard to ensure your safety and the safety of your fellow citizens from irresponsible individuals that choose to drive under the influence of alcohol. Would please honestly answer this question. Are you under the influence of alcohol at this time? The episode in question raises concerns over what this road stop was really about and some kind of power issue. As an elected official I know you will deal with this appropriately. The site where the incident can be viewed. http://benswann.com/he-has-no-drugs-and-knows-his-constitutional-rights/


You humble and obedient servant Randy Luallin
Permalink 2013-07-08 @ 09:32

In response to: Rutherford County Sheriff Deputies Assist Motorists On Independence Day

Steve H [Visitor]
Things not to do by the leos at the checkpoint.
1) Don't ck all licenses for warrants
2) Don't ask for the regs and insurance.
3)Especially, don't ask passengers for ID or question passengers.
4)Don't run drug dogs around a car unless you have taken the car to secondary and have a strong well-founded RAS that a type of drug that the drug dog can detect is in the vehicle. (ex. drug dogs can't detect prescription drugs)
5)Don't search any persons, unless you have a strong RAS.
6)Don't search any cars without a warrant.

Doing any of the above can be argued by the defense that the leos are running a "general crime control" checkpoint.
Permalink 2013-07-08 @ 06:06

In response to: Rutherford County Sheriff Deputies Assist Motorists On Independence Day

Steve H [Visitor]
If the command level supervisor, which I would define as a Lt. or above, not a sgt, takes on the handfull of drivers who want to remain silent, won't roll down their windows, ask for an attorney or any other type of "uncooperativeness". That takes the ego of the leo who stopped them out of the equation. The supervisor can do whatever he can do without appearing to be a Gestapo agent and determine, even with the window rolled up whether the driver shows any signs of impairment. Impairment is the reason they are out there, not to show the public that they are the one's with the guns and whatever they say goes.
Permalink 2013-07-08 @ 06:00

In response to: Rutherford County Sheriff Deputies Assist Motorists On Independence Day

Steve H [Visitor]
Here is the script that Leos should use to avoid any challenges in court: "Good Evening... My name is.... with ..... Dept. Tonight we are conducting a sobriety checkpoint? May I see your drivers license? (Ck to see if license is valid, but do not ck for warrants unless there is a RAS)Let, me ask you have you had any alcoholic beverages to drink this evening? No. Ok Thank you and have a good evening, you are free to leave."

That's it. Anything else can be argued by defense attorneys that the leos are operating a checkpoint for "general crime control", which is prohibited by the SCOTUS.
Permalink 2013-07-08 @ 05:53

In response to: Rutherford County Sheriff Deputies Assist Motorists On Independence Day

Steve H [Visitor]
In TN, the legality of dui roadblocks is determined by common law and case precedent specifically State vs. Downey (1997). Nearly all states require the same thing TN reguires: We, therefore, conclude that the use of a sobriety roadblock, although a seizure, can be a reasonable seizure under the Tennessee Constitution, provided it is established and operated in accordance with predetermined operational guidelines and supervisory authority that minimize the risk of arbitrary intrusion on individuals and limit the discretion of law enforcement officers at the scene.

Here it seems that the line leo had way too much discretionary authority. In the OPs that I've read whenever the leos encounter a "uncooperative" driver, they are supposed to refer that driver to the checkpoint supervisor before taking action.
Permalink 2013-07-08 @ 05:48

In response to: Charges Against Checkpoint USA Dismissed In Court Again

Todd [Visitor]
Terry could you recommend a video camera.I would like to mount it in my vehicle and also use it as a handheld.How can I protect the video from being deleted ?
Permalink 2013-07-07 @ 17:59

In response to: Checkpoint USA Back In Court On Monday

Tod [Visitor]
Best of luck! Hopefully your efforts will inspire others to stand up for their rights as well.

"It's time for all of us to start sticking out our necks a little bit and taking a stand, so that none of us have to get them chopped off"
Permalink 2013-06-30 @ 15:44

In response to: Checkpoint USA Back In Court On Monday

MacGhil [Visitor]
Good luck tomorrow!

If everyone did what you do, they'd close up shop and maybe head to the border to bother people there.
Permalink 2013-06-30 @ 14:29

In response to: Checkpoint USA Back In Court On Monday

Tom Sawyer [Visitor]
NHunderground is following your efforts. Thank you!
Permalink 2013-06-30 @ 12:26

In response to: Checkpoint USA Back In Court On Monday

Rebecca [Visitor]
Good luck on Monday, sir. I appreciate your willingness to hold CBP accountable each and every time you are stopped, and for calling PCSD on the inapplicable law cited on your citation.

That was the best thing about leaving California for Ohio, and why I don't drive around much when visiting my mother in Mesa (i.e., I don't see friends in Tuscon, I don't drive to and from So. Cal. from Arizona). It was bad enough before 9/11. Now it's out of control.

Good luck!
Permalink 2013-06-30 @ 02:42

In response to: Checkpoint USA Interviewed By ABC News

Chris [Visitor]
more of this needed.
Permalink 2013-05-14 @ 17:15

In response to: Congrats Gavin Seim! Winner of The Checkpoint Contest

Checkpoint USA [Member]
Dale

Thanks for the link to the article and video. I haven't watched the video yet but I have read the article. Well written with one modification that I would make. As far as I know the Supreme Court has not given carte blanche permission for drug dog sniffs during all legal traffic stop. The court has only authorized it in cases where reasonable suspicion or probable cause existed prior to the stop. Since the vast majority of traffic stops at checkpoints or roadblocks are suspicionless and that checkpoints and roadblocks are supposed to be VERY limited in scope, there's legal reason to believe that the use of drug dogs in the way that the Border Patrol does at internal BP checkpoints runs afoul of the Supreme Court's ruling in City of Indianapolis V Edmond.
Permalink 2013-05-05 @ 21:10

In response to: Congrats Gavin Seim! Winner of The Checkpoint Contest

This is a video of a stop I made. If you would like to promote the video, I would appreciate it. Thanks!
Permalink 2013-04-22 @ 22:27

In response to: 'Fronteras Desk' & KPBS Cover Suspicionless Border Patrol Checkpoints

Texas Civil Liberties Group Suing for Records Related to Gang Checkpoints:


The San Juan gang checkpoints that fall between the balance of civil liberties and public safety are at the center of a lawsuit filed by the South Texas Civil Rights Project on Wednesday.

The Alamo group claims the City of San Juan has failed to comply with open records requests inquiring about the checkpoints. Police use them to gather data for submission to the TXGANG database maintained by the Texas Department of Public Safety.




The lawsuit also states public records requests regarding the police department’s policies to review misleading, false or obsolete information in the database have been ignored.

In a statement released Wednesday, STCRP attorney Joseph Martin said, “We believe that such checkpoints are unconstitutional, and that information gathered illegally is being used to compile a database that doesn’t protect against people being mistakenly identified as gang members.”

The Monitor’s own records request made to DPS found that there were 41,863 unique entries in the TXGANG database as of February and 43,421 in all. DPS also said 803 records have been added by participating Hidalgo and Cameron County authorities since 2010.

On Thursday, police Chief Juan Gonzalez said there hasn’t been a need for the checkpoints recently and that the last gang-related murder in the Pharr-San Juan-Alamo area occurred in early 2012.

“I think that the lawsuit is baseless. There’s no proof of any wrongdoing from the department,” he said. “I’m not fazed about it. We’re going to continue with our efforts reducing gang violence in the PSJA area.”
http://www.themonitor.com/news/local/article_53140c30-929f-11e2-925d-001a4bcf6878.html

Permalink 2013-03-22 @ 09:00

In response to: Checkpoint USA Makes "Top DHS Checkpoint Refusal" Video Compilation

Checkpoint USA [Member]
I find it amazing how many authoritarian punks like yourself not only have fantasies of sexual violence but also don't know how to spell border correctly and don't realize terrorist and drug checkpoints are illegal inside the country.

Tell you what punk, why don't you put your money where your mouth is & come try to arrest me. I'll be happy to introduce you to the rule of law, something you're obviously very unfamiliar with.
Permalink 2013-03-08 @ 06:41

Roadblock Revelations

Welcome to Checkpoint USA's blog. Here you'll find general information and discussions regarding growing threats to our right to privacy & travel.

While I refer to court cases along with state and federal law frequently in this blog, nothing written here should be construed as legal advice. I am not an attorney. Rather, I'm someone concerned about the growing disregard for individual rights present at all levels of government.

My conclusions are my own based upon personal experience and research. The law is made purposely complex however and varies significantly from place to place and circumstance to circumstance.

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