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Police Checkpoints(right to know?)

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What is the name of your state (only U.S. law)? TX
Recently the news have been reporting that these so called "insurance check points" have yeilded many arrest ranging from marijuana possesion to kidnapping, which is all fine and dandy, but I; like many other people I know have unpaid parking tickets :rolleyes: ..and i really dont want to explain to them that i dont have a job to pay for the tickets, and get thrown in jail. So I was wondering if it is within my rights as a citizen of this fair city of Corpus Christi to call the police department and ask where the check points are going to be set up. I was thinking this may fall under freedom of information, but i wasnt sure.
 


OHRoadwarrior

Senior Member
It has actually been argued by the police that these road check points are setup in a manner that a person can avoid going through them and that turning around (legally) and going via another route is not illegal. Whether Texas or the city of Corpus Christi will take this view, I cannot say. You should ask.
 
What is the name of your state (only U.S. law)? TX
Recently the news have been reporting that these so called "insurance check points" have yeilded many arrest ranging from marijuana possesion to kidnapping, which is all fine and dandy, but I; like many other people I know have unpaid parking tickets :rolleyes: ..and i really dont want to explain to them that i dont have a job to pay for the tickets, and get thrown in jail. So I was wondering if it is within my rights as a citizen of this fair city of Corpus Christi to call the police department and ask where the check points are going to be set up. I was thinking this may fall under freedom of information, but i wasnt sure.
1) Generally checkpoints are reported by some local news source. Check your local newspaper and television news sites for more information.

2) As previously stated, it sounds as though you cannot afford to park illegally so why don't you simply stop doing so?

3) In Texas, they will generally allow you to serve a jail sentence in lieu of paying. Since you are unemployed and contributing nothing to society anyway why not look into this and do the time instead of paying the money?
 

Dillon

Senior Member
What is the name of your state (only U.S. law)? TX
Recently the news have been reporting that these so called "insurance check points" have yeilded many arrest ranging from marijuana possesion to kidnapping, which is all fine and dandy, but I; like many other people I know have unpaid parking tickets :rolleyes: ..and i really dont want to explain to them that i dont have a job to pay for the tickets, and get thrown in jail. So I was wondering if it is within my rights as a citizen of this fair city of Corpus Christi to call the police department and ask where the check points are going to be set up. I was thinking this may fall under freedom of information, but i wasnt sure.
its my understanding these are administrative stops and voluntary in nature, unless I am not free to leave.

at first contact, I'd ask if I am free to leave the traffic stop and if the answer is NO, and if my rights are not read to me after I ask to leave and if evidence is later found against me that evidence may technically be inadmissible in court.

(if a person is not free to leave a traffic stop, a reasonable person would think they are in custody)

A brief, non-custodial traffic stop must normally be supported by reasonable suspicion; the investigating officer must weigh the totality of the circumstances to determine whether sufficient objective facts exist to create reasonable suspicion that the driver is engaged in criminal activity. If the investigating officer witnesses the driver committing a traffic violation, the violation supplies reasonable suspicion to stop the vehicle and probable cause to support an arrest. In Illinois v. Caballes, the Supreme Court held that a drug dog may sniff the exterior of a vehicle during a traffic stop so long as it does not extend the stop; the use of a drug dog is sui generis and not considered a search. Police may set up roadblocks and stop drivers without particularized reasonable suspicion the stopped individual is engaged in criminal activity so long as the stop’s level of intrusion does not exceed the connection of the crime, typically driving while intoxicated, to the roadway.

The point is to ask to leave or the Officer will presume the stop is voluntary.
 
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Dillon

Senior Member
What is the name of your state (only U.S. law)? TX
Recently the news have been reporting that these so called "insurance check points" have yeilded many arrest ranging from marijuana possesion to kidnapping, which is all fine and dandy, but I; like many other people I know have unpaid parking tickets.

its my understanding, stopping a vehicle solely for the purpose of checking driver's license and registration, without a reasonable suspicion that a motorist is unlicensed or the vehicle unregistered, is unreasonable under the Fourth Amendment.” Delaware v. Prouse, 440 U.S. 648 (1979).

Why wouldn't that apply to insurance check points, if I ask the Officer, if I can leave so as to not give the appearance of volunteering to stay?
 
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CavemanLawyer

Senior Member
Dillon did you read that case that you cited? It literally says the exact opposite of what you cited it for. Remember we are talking about checkpoint stops here.

The patrolman was not acting pursuant to any standards, guidelines, or procedures pertaining to document spot checks, promulgated by either his department or the State Attorney General... The holding in this case does not preclude Delaware or other States from developing methods for spot checks that involve less intrusion or that do not involve the unconstrained exercise of discretion. Questioning of all oncoming traffic at roadblock-type stops is one possible alternative.
This issue is very much a State's rights kind of thing because under the US Constitution checkpoints pass muster. Texas does allow checkpoints for license and registration checks only, not to check for specific offenses. Here is one of the cases that says so: Lujan v. State, No. PD-0303-10 (Tex.Crim.App. 2011)
http://www.cca.courts.state.tx.us/opinions/HTMLopinionInfo.asp?OpinionID=20505

As for the OP's question, I really don't know if you could get the location of future checkpoints via an open records request. Sure plenty of agencies post or publish that information freely but there is no legal requirement that they do so. The PD could easily deny the open records request on the grounds that it pertains to an ongoing or future investigation/initiative. Also a records request only allows you to obtain records so there might not be a record regarding the checkpoint up until right before they implement it.

Taking it another step, assuming a checkpoint is validly setup I guess the next question is whether they can pull you over for avoiding it or turning around, etc... The answer is maybe. There are cases where that wasn't enough to constitute suspicious behavior but there are others where it was based on other factors. But in my opinion it is all moot because the OP states he has warrants. An active warrant will always attenuate an unlawful arrest because the warrant is literally an order to any officer to arrest you anywhere you may be found. My advice is just turn yourself in and get it over with. It beats getting arrested in your vehicle which will result in it being towed at your expense.
 

Dillon

Senior Member
Dillon did you read that case that you cited? It literally says the exact opposite of what you cited it for. Remember we are talking about checkpoint stops here.



This issue is very much a State's rights kind of thing because under the US Constitution checkpoints pass muster. Texas does allow checkpoints for license and registration checks only, not to check for specific offenses. Here is one of the cases that says so: Lujan v. State, No. PD-0303-10 (Tex.Crim.App. 2011)
http://www.cca.courts.state.tx.us/opinions/HTMLopinionInfo.asp?OpinionID=20505
..
QUESTIONING of all oncoming traffic at roadblock-type stops is one possible alternative, but does not create a perfect and absolute obligation to ANSWER?


if stopped at a check point, i would state respectfullly, I am a peaceful man and i would ask the Officer, if i am free to go and also ask if anything i say or documents I give to him could be used against me in a court of law?

if no to the first question and yes to second, the officer would have me in custody and under arrest and be required to read me my rights without knowing my identity or let me go as i dont want to stay there against my will.

I dont consent to and deny any implied, constructive or expressed trust relationship or agreement with the State by operation of law unless I am the administrator and beneficary of the trust and the Public Servant is the trustee.
 
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CJane

Senior Member
So, Anthony, is the problem that you have outstanding parking tickets (that they'd only find out about if they ran your license info and warrants popped up), or that you don't have INSURANCE, which they'd know about right away, because you wouldn't be able to produce proof of insurance?
 
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Dillon

Senior Member
So, Dillon, is the problem that you have outstanding parking tickets (that they'd only find out about if they ran your license info and warrants popped up), or that you don't have INSURANCE, which they'd know about right away, because you wouldn't be able to produce proof of insurance?
CJane, I employ a chauffeur and my private company is self-insured. The property is held in trust and I don't actually possess any outstanding parking tickets or warrants.

I dont operate in that legal capacity.

I hope that helps you.
 
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