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View Full Version : Just stopped at a roadblock. What are my rights?



Jenna
9th April 2010, 08:26 PM
So, I ran to the store to gas up my car and grab milk for the family. When I turned onto the street connecting to my road, there were about twenty cop cars scattered up and down the street with red flares flashing everywhere on the pavement. I momentarily considered turning the car around and taking an alternate route because I didn't know what was going on. I was afraid to drive into a terrible accident or fire or something.

One cop gestured me over toward him and had me stop my car. When I rolled down the window, he immediately stuck a light in my face.

"Miss, where are you coming from?"

"I just filled up my gas tank, officer."
(Meanwhile his light is flashing all over into my front and back seat.)

"And," he continued, "where are you headed?"

"Back home. I live up the street."

He nodded, tipped his hat and finally stepped away from my car. I started rolling up the window and then asked, "Is everything all right in the neighborhood?"

The officer looked caught off guard that I had asked HIM a question and started sputtering... "Uh..we're umm.. just.. you know. Everything's fine, miss. Doing a routine check, is all."

Thank god I hadn't turned the car around or one of those twenty cop cars probably would've chased me down. Does anyone know what my rights are during roadblocks like this? Am I obligated to answer where I've been / where I'm going, etc.? And what exactly are these guys looking for? It seems weird the amount of resources being used on this when it was barely ten o'clock at night.

RJB
9th April 2010, 08:30 PM
It happens all the time in NC. The wife made me move to this police state. The state law says we need to show lisence and registration whenever asked.

I'm curious too about my rights.

cigarlover
9th April 2010, 08:37 PM
Am I under arrest or am I free to go? You have the right to remain silent. excersize it.

Buddha
9th April 2010, 08:44 PM
Rights?!?! You aint got no stinkin rights

willie pete
9th April 2010, 08:58 PM
Depending on your state, if your driving a vehicle, DL and whatever is required (insurance, registration) other than that, you're under no obligation to answer any other questions at all

Libertytree
9th April 2010, 09:03 PM
When he asked ya where you were coming from you should have said...a bank robbery. ;D

iOWNme
9th April 2010, 09:07 PM
"Am i being detained?"

"Am i under arrest?"

"Am i free to go?"


Repeat as necessary.

sunshine05
9th April 2010, 09:18 PM
Yep, they do license checks all the time in NC. From what I've heard it is legal to do roadblock checks. I hate it though:(.

carpediem
9th April 2010, 09:22 PM
It's all about situational awareness, I cannot stress how important this concept is and how much time / agony / grief it has saved me. Know your surroundings very well, anticipate future events. Trust your instincts. Be patients. NEVER EVER EVER TALK TO POLICE. NEVER EVER say anything besides your name and DOB EVER ( I would recommend giving a fake name / dob wherever possible, I have never told a police officer my real name except one time when I got arrested, and I have probably convinced 20 pigs of my fake name / dob without thinking twice )
Once you refuse to talk to the police, they will let you go, you have to hang yourself, they dont have shit on you or you'd already be arrested
,

willie pete
9th April 2010, 09:36 PM
Again, depending on your state, there may be a state statute that allows it,( I think WA state has one) seems shakey at best to me since the SCOTUS has ruled on "Delaware vs Prouse" http://supreme.justia.com/us/440/648/case.html that stopping a vehicle and detaining the driver in order to check his DL or registration, without a reason, is unreasonable under the Fourth amendment

In doing a little more reading, it appears that some states have intertwined a safety inspection of vehicle clause in the legislation, that skirts "Delaware v Prouse"