Ue This Card To Stand Up For Your Rights @ Roadblocks

OFF THE WIRE
Ue This Card To Stand Up For Your Rights @ Roadblocks
& 5 Things You Need To Know About Roadblocks

http://blog.motorists.org/roadblock-rights-card/

Use This Card To Stand Up For Your Rights At Roadblocks
Posted on August 27th, 2008

The 4th Amendment has been weakened significantly over the years in an effort to allow the use of roadblocks as a law enforcement tool. Fortunately, you still have rights should you choose to exercise them.
When citizens are faced with roadblocks, they may politely refuse to answer any of the officer’s questions. To make this more easy to do, you can follow this script to assert your rights*:
I refuse to talk to you until I consult with my attorney. I also refuse to consent to any search of these premises or any other premises under my control, or in which I have a possessory, proprietary, or privacy interest, including my car, my body, or effects. I hereby demand to immediately be allowed the reasonable opportunity to obtain the advice of my attorney by telephone.
I desire to exercise all my rights guaranteed by the Constitution of the United States and the Constitution of this state, to be free from your interference with my person or affairs.
If you attempt to question me, I want my lawyer present. I refuse to participate in any line-up or to perform any physical acts, or to speak or display my person or property at your direction, without first conferring with my lawyer.
If I am under arrest, I wish to invoke and exercise my Miranda rights. If you ignore my exercise of these rights and attempt to procure a waiver, I want to confer with my lawyer prior to any conversations with you.
If I am to be taken into custody, removed from my present location, or separated from my property, I request a reasonable opportunity to make arrangements to secure my own property. I do not consent to any impoundment or inventory of my property. I do, hereby, waive any claim of liability for loss, theft, or damage against you, your superiors or any other authority, and agree to hold all harmless therefrom, if I am afforded the reasonable opportunity to arrange for the safekeeping of my own property. If this reasonable opportunity is denied or is unavailable, I demand that only such intrusion occur as is minimally necessary to secure such property, hereby waiving any claim of liability for your failure to scrutinize the property or its contents prior to it being secured.
If I am not under arrest, I want to leave. If I am free to leave, please tell me immediately so that I may go about my business.
Roadblocks can be stressful to deal with and many people, initially intending to stand up for themselves, will bypass the opportunity if they are required to actually speak to the officer.
In order to make it easier for the average driver, we’ve put together a version of this assertion of rights for you to print out and put in your glove compartment or wallet.
If you come across a roadblock, simply hand the officer your driver’s license and this sheet of paper asserting your rights:
click on this link to down load & pring these cards...
SCroll down to bottom of article for card links
http://blog.motorists.org/roadblock-rights-card/
* It’s important to note that in the DUI/DWI context, the right to counsel does not attach until “after” the decision on whether to submit to or refuse the blood or breath test.

5 Things You Need To Know About Roadblocks

http://blog.motorists.org/5-things-you-need-to-know-about-roadblocks/

Q. Are roadblocks legal?
A. The US Supreme Court has found roadblocks to be legal for a variety of purposes, the most prominent being so-called “sobriety check points.” There is a longer history of roadblock approvals related to checking vehicles near or at national border crossings.
However, many state courts take a less favorable view of roadblocks based on language in their respective state constitutions. Probably the best example of this is the Michigan case that went to the US Supreme Court, Sitz vs. Michigan, that established the legal precedent for DWI roadblocks.
While the US Supreme Court found DWI roadblocks constitutional under the US Constitution, the case went back to Michigan and the State Supreme court found DWI roadblocks to be in violation of the state’s constitution, and that decision takes precedent, in Michigan, over the decision of the US Supreme Court.

Q. Do I have to answer the questions posed to me at a roadblock?
A. You do not have to answer any questions, particularly questions that would be self-incriminating.
You may be required (forced by threat of arrest) to show your drivers license, vehicle registration, and proof of insurance, if the state requires these items to be present in your vehicle.
However, you cannot be compelled to explain your travel plans, divulge the contents of your vehicle, or in any other way converse with law enforcement officers operating a roadblock.
You can be polite and courteous to the extent of providing the documents you are required to produce. Beyond that, decline to answer any other questions you are asked.
In response to a potentially invasive question you can say something like; “Officer, I know you have your job to do, but I do not approve of roadblocks and I do not wish to have a conversation. I realize I can be required to show you my driver’s license. Would you like to see my drivers license?” End of discussion.

Q. Can they search my car?
A. Your car can only be searched under the following circumstances:
You voluntarily give the police permission to search your vehicle. The Police have a warrant to search your vehicle. The police have “probable cause” or “reasonable suspicion” based on a reasonable explanation of why they believe you have illegal items in your vehicle. They must be able to explain what they think they will find and why they think said items are in your vehicle. If the police use their authority or force to search your vehicle, against your will, and they do not have a warrant or reasonable suspicion to conduct a search they can be (and should be) held criminally and civilly liable for conducting an illegal search. This holds true even if the search reveals the possession of illegal items.

Q. How long can they keep me at a roadblock?
A. One of the consistent rationalizations for roadblocks is that they are minimally intrusive and minimally inconvenient to the motorist. For reasons that escape specific justification the courts seem to find 15 to 20 minutes the maximum amount of time a motorist can be detained by police before the police take formal action against the motorist or allow the motorist to leave.
However, the courts have placed the burden of forcing the issue upon the motorist.
If the motorist does not specifically request to leave, the police can successfully claim the motorist voluntarily remained under their control. Therefore, if the police seem inclined to delay your departure, after they have checked your papers, specifically ask if you may now leave.
If they say “no” you are within your rights to ask for a legitimate explanation for your delay.
If no legitimate explanation is forthcoming you should persist in asking if you may leave. There should be no confusion regarding your intentions and the fact that you are not willingly remaining within control of the police officers.

Q. Can I turn around or turn off to avoid a roadblock?
In theory you are allowed to make any legal maneuver, even a U-turn to avoid a roadblock.
In reality, the police operating roadblocks deliberately locate them so it is almost impossible to legally avoid them once you become aware of their presence.
It is also common practice to hold a patrol car in reserve for the specific purpose of harassing motorists who overtly avoid a roadblock.
The National Motorists Association opposes the use of roadblocks, period. The only justification for stopping citizens under a roadblock scenario is to warn them of an unseen peril that could cause injury or death to an unsuspecting motorist.

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10> Good article from Idaho on Motorcycle Awareness

We should encourage our medias to publish more info like this in Texas to encourage cars to do their part to prevent motorcycle injuries & fatalities.
Ride Safe ~BTtrfly
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http://www.localnews8.com/news/25292893/detail.html