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Police road blocks are used to stop and interrogate motorists, and to search them and their vehicles as well. Police road blocks come in many forms. They are often called sobriety checkpoints, seat belt checkpoints, and drug checkpoints. Police road blocks operate under the guise of public safety but they are really an infringement on your civil rights.
It is very important to be prepared for police road blocks because they can land you in unexpected trouble.
"What kind of trouble? I'm a law-abiding citizen" you say.
Well, if you have children that use your vehicle, maybe their friends accidentally left some marijuana in the back seat. Or maybe you are coming from a party and are bringing home a previously opened bottle of alcohol. These and other scenarios can turn an unexpected police road block into a nightmare experience for you; one where a law-abiding citizen is arrested and prosecuted.
Knowing your rights ahead of time is the best way to be prepared for a police road block. Below is a short list of your rights if you are stopped at a police road block:
1. At a police road block, you may be asked for your driver's license, registration, and proof of insurance. After complying with these requests and your documentation is returned, you have the right to leave unless the police have a legitimate reason to detain you. You must ask them if you are free to go; if you do not, they may later claim that you stayed voluntarily.
2. When asked to supply your driving documentation, you have the right to open your window only enough to pass your documents to the police officer. The police officer does not have the right to stick his head or his flashlight inside of your vehicle.
3. You have the right to say little and be on your way. You do not have to answer questions about where you are going or where you have been. You do not have to answer any questions that do not pertain to your driving documentation. You cannot be legally detained for refusing to make small talk with a police officer at a road block.
4. If the police at a road block ask to search your car, you have the right to refuse. Politely but firmly say "no". If they have to ask permission to search your car, then they don't have probable cause or reasonable suspicion, which is the legal requirement for a forced vehicle search. Do not permit a voluntary search of your vehicle that may land you in trouble. If the police ask why you are refusing a search of your vehicle, tell them that you value your right to privacy.
5. If police at a road block are persistent about searching your vehicle, you have the right to know why. You should ask what they think they will find or what they are looking for. If they cannot give you plausible answers, then they do not have the legal right to search your vehicle.
6. If a vehicle search is forced upon you, you have the right to request that the searching officer wear gloves. You also have the right to request a witness to the search.
7. If you are ordered to exit your vehicle, you have the right to lock your doors.
This is article is meant to better prepare you should you encounter a police road block. They can be very intimidating but just remember that you have rights; make sure to exercise them.
America is the land of the free. We have the right to freedom of movement, and we have the right to drive without being harassed by the government. If we all protest the use of police road blocks, maybe one day they will be eliminated.
Learn more about this author, Louis Albornoz.
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