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Wow! State's New Law Halts Advancing Police State Tactics!

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Sobriety checkpoints — also known as DUI checkpoints — are the most common roadblocks you might encounter in the ostensible land of the free. They function as a general purpose investigatory tactic where police can get a close look at passing motorists by detaining everyone they encounter—with no probable cause. And you guys know what I think about the inner workings and nonsense of government, but thanks to a bipartisan group of rights flexing state representatives in North Dakota, one state may soon buck the checkpoint system.

North Dakota House lawmakers have just passed a bill that will prohibit law enforcement from holding these unconstitutional checkpoints to catch drunk drivers.

House Bill 1442 is a breath of fresh air in a government environment in which most legislation serves to restrict or limit our rights. Instead of granting more power to the police state, HB 1442, sponsored by Bismarck Republican Rep. Rick Becker and others, does the opposite. It forces police to actually have “reasonable suspicion” before stopping a driver. Imagine that. And I know what you’re probably thinking. How stupid that you have to have a law that forces cops to obey their oath of office to uphold and safeguard the fourth amendment. But unfortunately that’s the day we live in.

The bill provides that unless a law enforcement officer has a reasonable articulable suspicion that there is a violation of section 39-08-01 (or that someone is driving under the influence of drugs or alcohol), the officer may not halt an operator of a vehicle solely to determine compliance.

This bill is supported by both Republicans and Democrats and has the ACLU of North Dakota’s full support as well, with the organization issuing the following statement:

The ACLU of North Dakota supports House Bill 1442. Our constitutional right under the Fourth Amendment to live free of “unreasonable searches and seizures” is one of our most cherished—and most threatened. While traditional Fourth Amendment violations continue, new areas of concern crop up every day. We need to ensure that the Fourth Amendment, written over 200 years ago to protect our “persons, houses, papers, and effects” from intrusive searches, evolves to protect today’s equivalents.

Essentially, this is a law to make sure law enforcers obey the 4th amendment supreme law of the land.

On February 12, the bill passed the house by a massive margin of 79-14 and on Monday, the Senate referred it to Judiciary Committee before a final vote to make it law.

A roadblock stop is normally quick, but it gives police a chance to check tags and licenses, while also giving officers a quick whiff of the driver’s breath and a chance to peer into the vehicle for a moment. They are invasive, serve to erode the constitution and they don’t work.

Multiple studies from different regions across the country have found that police departments continue to stage thousands of DUI checkpoints, spending millions in taxpayer dollars—and catch almost no one.

If you are like most people and live in one of the many other states whose representatives have yet to propose legislation like this, remember that your constitutional rights still apply in a roadblock situation. Though police give themselves permission to stop you briefly, they may not search you or your car unless they have probable cause that you’re under the influence or you agree to the search. As such, you are not required to answer their questions or admit to breaking the law.

Remember, probable cause requires facts or evidence that would lead a reasonable person to believe that you have or are committing a crime.

Just because courts have upheld the tyrannical practice of stopping anyone and everyone, regardless of guilt, does not mean that it is just—and HB 1442 proves some inside government are beginning to see the light….at least on this issue.

Because of the unjust nature of DUI and Driver’s license checkpoints, individuals from coast to coast have formed an entire realm of activism known as DUI or Checkpoint refusal. Some may view this as just being an uncooperative asshole, but in reality, each person who does this is standing for the individual freedoms of everyone.

I’ll leave a link to the free thought project where you can see countless articles and videos detailing checkpoint refusal.

To those who would say, “if you are not doing anything wrong, you should have nothing to hide,” and support these checkpoints, you are the problem. Families do not draw the curtains in their homes at night because they are doing something wrong. People don’t lock the bathroom door in public or refuse to answer cops questions because they are doing something wrong. It is about maintaining, asserting, and protecting your rights — without being forced to lose your privacy.



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    • Redlist Renegade

      People all over this country are waking up and getting Sick and Tired of all of these overreaching , WAY over the top Police State tactics !!! People are even pressuring their state and local politicians to get rid of things like red light cameras etc. now ! Enough IS Enough !!! The Cops MAJORLY Abuse their “Self Appointed” Power each and EVERY day (and Night as well) in this country and NO one deserves to be treated like THIS , NO ONE !!!

    • Slimey

      Cops are NOT even mentioned in the Constitution as fellow citizens who can detain other citizen and be the only one to carry in public. Made up kwap like income taxes by none other than Progressives known today as Democraps or communist for those in the know. :roll:

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