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Old February 6, 2012, 02:08 PM   #79
Senior Member
Join Date: July 1, 2011
Location: Texas, land of Tex-Mex
Posts: 2,021
Indeed, in Texas we now have "no refusal" drunk driver checkpoints that randomly appear.
The debate about the constitutionality of DUI checkpoints is for another thread.

However I will say, that even at a no refusal DUI checkpoint, a LEO must demonstrate probable cause as to why he believed the suspect to be under the influence. In fact the testing and standard at a checkpoint is even more rigorous than on a regular traffic stop. Before, they can even ask if you want to blow in the breathalyzer, or submit to a forced, court ordered blood sample; certain strict standards must be met.
Actually...I don't think that is the case at this point. I think PC is there, but they also randomly pull drivers - ala Homeland Security as well.

Get in through your head people, the act of OCing IS NOT probable cause for anything.
I didn't say it was, but since we're there...
*I saw a person with a loaded firearm in a Walmart. This struck me as being strongly out of place.
*He did not appear to be a police officer, and I was suspicious that this might be incident to a robbery that was occurring or about to occur as has happened in several big box stores recently, so I decided to investigate. Upon further investigation I determined he wasn't. End of story.

I am not saying the OC is right. I was not there, and anything beyond a quick stop should have been sufficient. I could see the above statement being made though.

Last edited by zincwarrior; February 6, 2012 at 02:15 PM.
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