ILLEGAL SEARCH?

A FB follower sent me this for review, and I think it is worth your consideration.

A 21 year old videotaped what happened when he was stopped at a DUI checkpoint.
He had not been drinking, had no drugs in the car and is entirely within his Constitutional rights, but —

Let’s begin with a matter of respect when law officers approach.

They are doing their job … as best they can … under more and more difficult circumstances and often more dangerous.
Anyone who is willing to wear a badge becomes a target.
Keep that in mind.

My first reaction to the video .. the driver should have simply complied. It started with a simple request/order … roll down your window.
If you are an officer, and someone won’t comply with that simple act … you are suddenly on heightened alert. I dare any of you to deny that if you were the officer that you wouldn’t have suddenly gotten concerned.

Now, as the event unfolds, there clearly are violations of Constitutional rights … from what started as a DUI checkpoint.

It is important that you know your rights, and officers should be properly trained to also know and FOLLOW the Constitution.

In this case, I agree the search of the car violated the driver’s rights; it is true that when dogs trained to detect drugs and other contraband search and find nothing — they can be given a specific command and suddenly act as if they have found illegal items.

Here’s the crux of the issue:
What if this driver had been smuggling stolen guns or counterfeit money or other contraband — he could cite the same responses … it was a DUI checkpoint, he hadn’t been drinking, he wasn’t even asked if he had … he had no drugs in the car and the dog was “directed” to give a “hit” ….. all of this would violate the driver’s rights and most likely, anything found in the car could not be used as evidence.

We don’t want innocent Americans trampled in the rush to catch the guilty … and it is true, we already bend on many issues and simply accept what we must — everything from taking off our shoes to board a plane to stopping at DUI checkpoints when we haven’t had a drink.

Yes, we have the Constitution and our Bill of Rights … but applying, using, defending, and interpreting … will never be as clean and clear as we like.

Don’t waiver from defending your rights even when dealing with law officers — but at the same time, let’s show respect and appreciation to officers willing to stand between us and those who could care less about the Constitution and Bill of Rights .. except as they might be used to avoid just punishment.

http://benswann.com/he-has-no-drugs-and-knows-his-constitutional-rights/

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