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Old July 5, 2013, 08:24 PM   #8
Brian Pfleuger
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Join Date: June 25, 2008
Location: Austin, CO
Posts: 19,578
The one problem I have with the kid is his refusal to roll his window down a bit further.

It's a DUI checkpoint. It's not hard to imagine that the reason someone doesn't want to roll down their window is because they're drunk and don't want the officer to smell them.

Otherwise, don't answer questions if you don't want, all the rest of it is fine.

IMO, he clearly created the confrontation on purpose and probably expected that leaving the window up would get him the confrontation.

I'm not excusing the officers attitude, at all, nor to I excuse the well-known but no less wrong intentionally using the dog to bypass the consent to search but the kid should have rolled down his window. That's not an unreasonable request. If you want to roll down the window and state your rights, go ahead, but roll down the window.
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