Murfreesboro DUI Checkpoint Video Making its Way Across the Web

[daddyo]

I bet he would have acted better if the window was rolled down too.

 

Disagree with checkpoints or not.  but

after being stopped at a checking

Is asking a person at a check point to roll down the window asking to much?  It does give the appears of something to hide.

 

I have been though a few checkpoints in my life and before I got to the officer, I already had my window down.

 

It still was no excuse for the cop to act like an asshat. The kid wasn't exhibiting threatening behavior; he was reacting to his perception of his rights being violated.

 

Very unprofessional behavior on the part of the LEO IMO.

Edited July 5, 2013 by daddyo

[dralarms]

Very unprofessional but the kid was a smart ass.


Here is my take:

1st I carry a gun so even if he has no "right" to stop me and ask me questions I'll stop, be polite, and unless they ask to search my car everything is fine.

2nd, its been said time and time again "don't try and argue the law with a cop that may or may not even know the law"

3rd, I've been through a bunch of DUI checkpoints and never had anyone act like an ass.

4th, I carry a gun. I have no desire to be dragged out of my car taxed or worse and handcuffed. I'm a big boy and its hard to get up off the ground while wearing handcuffs and a cops taser in my back.

5th, if you treat everyone the way YOU want to be treated things seem to go a lot smoother in dealing with people.

[Erik88]

It's obvious that the young man's intent was to make a point with his recorder but that doesn't excuse the actions of the officers. They illegally searched his vehicle and acted like  a**holes.

[bubbiesdad]

Very unprofessional but the kid was a smart ass.


Here is my take:

1st I carry a gun so even if he has no "right" to stop me and ask me questions I'll stop, be polite, and unless they ask to search my car everything is fine.

2nd, its been said time and time again "don't try and argue the law with a cop that may or may not even know the law"

3rd, I've been through a bunch of DUI checkpoints and never had anyone act like an ass.

4th, I carry a gun. I have no desire to be dragged out of my car taxed or worse and handcuffed. I'm a big boy and its hard to get up off the ground while wearing handcuffs and a cops taser in my back.

5th, if you treat everyone the way YOU want to be treated things seem to go a lot smoother in dealing with people.

 

[URL=http://s277.photobucket.com/user/bubbiesdad/media/deputy.jpg.html][/URL]

[Garufa]

It's obvious that the young man's intent was to make a point with his recorder but that doesn't excuse the actions of the officers. They illegally searched his vehicle and acted like  a**holes.

 

And they sure got quiet after finding the camera.

Edited July 5, 2013 by Garufa

[Guest Keal G Seo]

Has everyone also forgotten that SCOTUS ruled in March that a drug sniffing dog performing a "free air" sniff of a persons property is in and of itself a search and as such requires consent or a warrant?

[RED333]

5th, if you treat everyone the way YOU want to be treated things seem to go a lot smoother in dealing with people.

Best post in the thread!!!

[Randall53]

Has everyone also forgotten that SCOTUS ruled in March that a drug sniffing dog performing a "free air" sniff of a persons property is in and of itself a search and as such requi

 

That does apply to your home, but not your vehicle.

 

http://www.policemag.com/channel/patrol/articles/2013/05/dogs-drugs-and-the-fourth-amendment.aspx

 

 

At the end of this article is the following:

 

K-9 Summary

The Supreme Court has decided five K-9 cases, with the following operable rules:

1. A non-trespassory dog sniff is not itself a search. (U.S. v. Place)
2. Vehicles may not be stopped at a highway checkpoint just to allow a K-9 sniff for drugs. (Indianapolis v. Edmond)
3. At a lawful traffic stop, a K-9 can be walked around the vehicle to check for drugs. (Illinois v. Caballes)
4. An alert from a reliable K-9 is PC to search a lawfully stopped vehicle for drugs. (Florida v. Harris)
5. Bringing a K-9 onto the residential curtilage to sniff for drugs is a search, requiring either a warrant or some exception. (Florida v. Jardines)

Edited July 5, 2013 by Randall53

[Guest Keal G Seo]

 

That does apply to your home, but not your vehicle.

 

http://www.policemag.com/channel/patrol/articles/2013/05/dogs-drugs-and-the-fourth-amendment.aspx

 

 

At the end of this article is the following:

 

K-9 Summary

The Supreme Court has decided five K-9 cases, with the following operable rules:

1. A non-trespassory dog sniff is not itself a search. (U.S. v. Place)
2. Vehicles may not be stopped at a highway checkpoint just to allow a K-9 sniff for drugs. (Indianapolis v. Edmond)
3. At a lawful traffic stop, a K-9 can be walked around the vehicle to check for drugs. (Illinois v. Caballes)
4. An alert from a reliable K-9 is PC to search a lawfully stopped vehicle for drugs. (Florida v. Harris)
5. Bringing a K-9 onto the residential curtilage to sniff for drugs is a search, requiring either a warrant or some exception. (Florida v. Jardines)

 

I'd still fight it and also bring up #2 since they had no other reason to detain him other than to allow the dog to sniff and get their PC.

[TripleDigitRide]

Has everyone also forgotten that SCOTUS ruled in March that a drug sniffing dog performing a "free air" sniff of a persons property is in and of itself a search and as such requires consent or a warrant?

I'm fairly certain that ruling only applies to private property, such as your home. They cannot legally walk a dog around your home. I do not think the same ruling applies to your vehicle while on public property.

 

Oops! I was beat to it.

Edited July 5, 2013 by TripleDigitRide

[RichardR]

It's obvious that the young man's intent was to make a point with his recorder but that doesn't excuse the actions of the officers. They illegally searched his vehicle and acted like a**holes.

Agreed.

Stuff like this is one of the reasons public relations are in the toilet.

[TripleDigitRide]

Didn't take long to make the news.

 

http://www.wkrn.com/story/22770235/dui-checkpoint-video-youtube

[bubbiesdad]

 

That does apply to your home, but not your vehicle.

 

http://www.policemag.com/channel/patrol/articles/2013/05/dogs-drugs-and-the-fourth-amendment.aspx

 

 

At the end of this article is the following:

 

K-9 Summary

The Supreme Court has decided five K-9 cases, with the following operable rules:

1. A non-trespassory dog sniff is not itself a search. (U.S. v. Place)
2. Vehicles may not be stopped at a highway checkpoint just to allow a K-9 sniff for drugs. (Indianapolis v. Edmond)
3. At a lawful traffic stop, a K-9 can be walked around the vehicle to check for drugs. (Illinois v. Caballes)
4. An alert from a reliable K-9 is PC to search a lawfully stopped vehicle for drugs. (Florida v. Harris)
5. Bringing a K-9 onto the residential curtilage to sniff for drugs is a search, requiring either a warrant or some exception. (Florida v. Jardines)

 

3. Is the kicker, lawful stop = seat belt violation, speeding, failure to signal, inoperative lights etc.

[MattCary]

Oh, this is by far my favorite comment on the RCSO facebook page so far:

 

 

 

 Just FYI to all these bandwagon idiots, I work with this deputy on a regular basis and I fully support him. Do his job for one day, step in his shoes. If this idiot would have just complied with the deputy's request he would have been on his way in no time. That deputy has done more for this community than any of you " It's a violation of my constitutional rights" idiots have ever done. It blows my mind how a community can stand behind a law enforcement agency and it's deputies when things are good, but when a deputy raises his voice at an idiot who is trying to start trouble all you wanna do is bash him. People who bash this officer is what's wrong with America, a bunch of liberal idiots who think they know about laws and The Constitution and talk crap about the deputy, but who are you gonna call when someone breaks in your house or vandalizes your car? You are gonna call on deputies like AJ Ross! You all should be ashamed you bunch of misinformed bandwagon riders!

 

This is apparently from an EMT that works in the same county. (Name withheld to protect identity.)

[whitewolf001]

Oh, this is by far my favorite comment on the RCSO facebook page so far:

 

 

This is apparently from an EMT that works in the same county. (Name withheld to protect identity.)

 

Awh, where's the fun in that?....... *puts away torch*

[Erik88]

Oh, this is by far my favorite comment on the RCSO facebook page so far:

 

 

This is apparently from an EMT that works in the same county. (Name withheld to protect identity.)

 

Something tells me he will be looking for a new job in another county.

[Randall53]

Probably a family member....

[Monkeyman2500]

I think this is just ugly all the way around. I have to agree with David the officer bought it hook, line, and sinker. Then let his temper and a long night cloud his judgement. Still no excuse though.

[Randall53]

Here's another DUI checkpoint video.....different outcome entirely.

 

http://www.youtube.com/watch?v=aZCYIV_vbKM

[MattCary]

Here's another DUI checkpoint video.....different outcome entirely.

 

http://www.youtube.com/watch?v=aZCYIV_vbKM

 

WOW. Never would have thought to try that approach.

 

Now, for the record, I'm a former 911 Dispatcher. My approach is always to roll down, turn on the interior lights, and ask if they are having fun tonight. Adding that I've been on the other side of the radio of checkpoints and know how much "fun" they are. That's about as long as any of my stops have lasted.

 

On the other hand, the video in the OP demonstrates what I hope I never run into:

 

http://youtu.be/gx4jn77VKlQ

[Guest Razz]

So, the officer overreacted due to a long, hard shift, huh? That part is important to me because when I have to stop at these checkpoints it's always after a long, hard shift. 12 to 14 hour shifts leave me cranky and foul mouthed but 99% of the time I can maintain a pleasant demeanor. I try to respect the officers who work these checkpoints because I know they are just doing their job...even if it's a job (the checkpoint, that is) that I despise.

What worries me is that 1% when I don't feel like being polite...due to a long, hard shift at work. What worries me is that this guy pulls me over and decides I'm not being polite enough for him and he decides he's going to find retribution by violating my rights.

Was this kid out "looking for trouble?" I guess you could look at it that way. Let's say he set this whole thing up. Now the country is talking about it and some people, who I respect, are talking on a firearms forum about how some laws need to be changed. Some people are looking at this rationally and thinking they should probably get involved in a more productive way, to initiate a change in bad behavior and bad laws.

I suppose the kid could just sit at home and play Call of Duty. I'm sure there are some life lessons that Activision could teach him...

Anyway, I came here because I saw this video earlier and immediately wonder what TGO would think, given the location of the checkpoint. Some really good comments and a few chuckles. Time well spent.

[Guest Emtdaddy1980]

While I don't doubt that the kid went looking for trouble, the fact is that the behavior of the LEOs was about as far from proffesional as you could get. All this bad behavior on the part of law enforcement IS being noticed by the general public. I was working first aid for the Chattanooga Lookouts game tonight and it was "First Responders Night" . They had a parade of police vehicles around the outfield before the game started. I could overhear the 20 something year old people behind me making comments about checkpoints and wondering if they were supposed to salute when the Gestapo went by. Its sad that this kind of attitude toward LE is becoming more
And more common, and its shameful that the behavior of LEOs is contributing to it.

[billyscott]

1. Kid goes looking for trouble. . . Finds the Pot O' Gold at the end of the rainbow.

    As of July 5 at 11:15 PM, less than 24 hours,  his video on YouTube has 437,932 views.

    He makes money from each view and he has sponsors, that's the block at the bottom of the video, and he makes money from that.

2. Note to myself; If I ever become a LEO treat people like I am on video, because I may be. 

3. This makes RCSO look bad. And Sheriff Arnold has really tried to improve the image of RCSO. 

4. The taxpayers of Rutherford County will pay to fix the guys hood and for any settlement he may get from this incident. Drug dog on the                    

     hood of the car???

5. I want a dozen Krystal burgers. NOW!

6. Hi Gandhi.

[Dustbuster]

The driver had some excellent points. everyone seems to forget driving is a privilege not a right. An officer can err on the side of caution but this officer did not Handle the stop well enough.the minute the driver asks if he was being detained the officer should have re aligned his conversation. Mishandling the dog just opened the door for future acquittals based on pc developed by inducing "dog hits" ..... Not good.
Back to the kardashians. News at 11 Edited July 6, 2013 by Dustbuster

[QuietDan]

I am interested in knowing if this little #### has ever done anything for anybody of any value in this world.

 

I am interested in knowing if this little #### has ever taken responsibility for anything during his brief little self-indulgent life.

 

I am pretty sure he is not a Veteran back from the mountains of Afghanistan where he's laid it all out on the line. If he ever made that sacrifice or one of similar scope, I would cut him total slack. But, he hasn't. It just is not possible. Vets are used to putting up with real bull#### while actively fighting for everyone else's rights. And, for the most part, they just shrug the little stuff off, because this is little stuff. There are a hell of a lot of other issues to die in a ditch over.

 

I hope the young man spends $150,000 of his daddy's money, and spends four years of his life, in and out of courtrooms while proving he was right.

 

I hope the young man's daddy stops paying his university tuition for the next four years to save money for legal expenses in the quest to demonstrate his ever-living rightness.

 

I hope his daddy sells the BMW he's loaned him, and cuts him out of the family trust while simultaneously admitting his snot-nosed brat is . . . right.

 

I hope his girlfriend, if he has ever had one, leaves him for being a stupid dumbass . . . while being ever-so-right. 

 

I hope a judge, after hearing three weeks of testimony from $150,000 worth of attorneys -- declares in court that he was right all along, and awards him $1 in damages.

 

I hope he takes said $1, rolls it up tightly, and jams it up his ass, and thereby gains ultimate pleasure in being right.

 

I hope he comes to me or one of my associates, in all his glorious rightness, and asks for a job or some other favor, so that I can exercise my rights by laughing in his face.

Edited July 6, 2013 by QuietDan