jp_jellyroll t1_j1e16zu wrote
Reply to comment by Sir_Fluffernutting in Mass. State Police to set up sobriety checkpoint starting Thursday in Bristol County by LackingUtility
That is not true. Commonwealth v. Shields. MA has ruled that sobriety checkpoints are constitutionally legal. If you enter one, you are obligated to speak with authorities and answer questions. If you refuse, you may be subjected to a field sobriety test. If you refuse that, you will lose your license automatically.
EDIT: Lol, go ahead and try it. I hope you enjoy spending all your time wrapped in court, meeting with lawyers, taking time off work, etc.
LackingUtility OP t1_j1e2p6d wrote
>That is not true. Commonwealth v. Shields. MA has ruled that sobriety checkpoints are constitutionally legal.
Yes. Here's the case for anyone interested.
But:
>If you enter one, you are obligated to speak with authorities and answer questions. If you refuse, you may be subjected to a field sobriety test. If you refuse that, you will lose your license automatically.
No, no, no, no, 100% no. You are never obligated to speak with authorities and answer questions. You are never obligated to perform a field sobriety test (the stand on one leg, recite the alphabet, poke your finger in your eye, etc.). You can be subjected to a breathalyzer or blood test, and refusing those will result in loss of license, but that does not apply to not answering questions or refusing to dance like a monkey for some cop's amusement.
"Obligated to speak with authorities and answer questions"? Sheesh. This is why cops need more than 6 weeks of training. What are the first 7 words of a Miranda warning?
Personal-Walrus3076 t1_j1en47z wrote
Technically correct but unless you comply and answer their questions you're going to find out that you can beat the charges but you can never beat the ride
LackingUtility OP t1_j1ep7uv wrote
Though true, you may also be able to make $30k off such an egregious violation of your civil rights, like this woman who was arrested for remaining silent.
Morgenos t1_j1esdb1 wrote
Yup, violate my constitutional rights? Sounds like an easy payday for me (I'm white and very privileged)
jp_jellyroll t1_j1i5zko wrote
You aren’t being arrested so you don’t get Mirandized.
LackingUtility OP t1_j1ibvxd wrote
Then what do they do when you refuse to speak with authorities or answer questions, like you said you are "obligated to"? Do they say "oh, gosh, you got us," and walk away? Or do they arrest you? At which point, aren't the first seven words they say "you have the right to remain silent"?
Do you think that we don't have the right to remain silent until we're arrested? Like, the Constitution says "the government can compel your speech as long as you haven't actually been arrested yet"?
Sir_Fluffernutting t1_j1e1s82 wrote
That's pure bullshit, aside from checkpoints being deemed constitutionally legal.
You have no responsibility of helping officers investigate their stop. You provide id/registration and your legal obligations as a motorist are complete.
You can never be forced to engage in FSTs, despite what cops may tell you. In fact, refusing the test is inadmissible in court as evidence against you.
Refusing a breath test is an auto 6 month suspension, if charged.
Personal-Walrus3076 t1_j1elqbt wrote
That's all true but unless you submit completely you risk spending your holiday in a cage regardless.
plawwell t1_j1e7z2k wrote
You're not obligated beyond saying you are taking the Fifth and you do not consent to any search of your person or car.
Personal-Walrus3076 t1_j1emag6 wrote
Go ahead and do that. You'll be pulled out of your car and summarily arrested. After they've held you for the maximum, they will release you with no charges. Now you can Uber to the impound lot to get your car. Be sure to stop at the ATM cuz they don't take credit cards.
plawwell t1_j1etg1c wrote
Benjamin Franklin once said: "Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety."
Crayonbreaking t1_j1fmc4u wrote
And then you win a lawsuit for a lot of money.
jp_jellyroll t1_j1i6ce9 wrote
Then go do it. I mean all these people saying how simple it is yet I don’t see any news stories of a heroic Redditor actually DOING it.
It’s all bullshit Reddit fake-law degree talk.
Crayonbreaking t1_j1i7mu9 wrote
Sane people intend to avoid checkpoints at all costs. There are tons of lawsuits won for wrongful arrest to the point there is a cottage industry around it.
jp_jellyroll t1_j1i8gny wrote
But if it’s such an easy-win payday… why wouldn’t you do it? If someone said I could make $50k for a day’s work, I’d do it.
Maybe because it’s a gigantic pain in the ass and much more time & money than a day’s work. And you know it.
warlocc_ t1_j1eieft wrote
"You have the right to remain silent".
Remember that one?
RevengencerAlf t1_j1fjqcl wrote
You are never, ever, absolutely ever, obligated to tell a police officer anything other than your name (even that is iffy) and that you are asserting your 5th amendment rights to silence and an attorney.
You have to physically comply with breath tests but you absolutely do not have to do a field sobriety test or answer any questions.
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