Daily Archives: May 29, 2015
I’ve posted repeatedly about "The DUI Exception to the Constitution". A particularly egregious example of this is the clear violation of the 4th Amendment represented by "DUI sobriety checkpoints" — the law enforcement practice of setting up locations on highways where they can stop motorists without "probable cause" to suspect a crime is being committed — in fact, for no reason at all.
So just how far is all of this going?
DUI Checkpoints Just the Tip of the Iceberg: Cops Now Going Directly Into Bars with Breathalyzers
Sacramento, CA. May 24 - Sacramento cops are rolling out a new program this Memorial Day to allegedly combat drunk drivers. While the reasoning for this new program may sound just, its implementation is anything but.
If you are out in a bar this weekend, be prepared to have multiple officers come in and ask the patrons in the bar to blow into a breathalyzer.
DUI roadblocks are apparently not invasive enough, so the Sacramento PD instituted a program to attack the source, the places where alcohol is consumed…
Police defend the new incursions into constitutional rights by saying that it is "voluntary" — that is, the bar patron can simply refuse. Of course, most of us realize that this will simply focus the attention of the officer on that individual; cops don’t like to have their authority flouted, and this individual will be asked to produce identification, etc., and possibly be followed once he leaves the bar. We’ve seen what happens when someone lawfully turns away from a checkpoint: a police car immediately follows and pulls him over (still without probable cause). Same thing with refusing a breathalyzer while sitting at a bar.
As the author of the article observed, "While the reasoning for this new program may sound just, its implementation is anything but".
(Thanks to Joe.)