Pixiq

Saying "go ahead" is like saying "come on in even though you have no warrant to enter the premises".

They will lose.

I don't think these guys have a leg to stand on... I'm opposed to checkpoints as well, but that is one area that police hold a trump card. Unfortunately, driving is a privilege, not a right.

Judges have also said that when you are asked to submit to a dui test, you really don't have any rights. Sure, you can refuse, but even if you are sober, the police WILL still take you to jail and suspend your drivers license. Sounds stupid as Hell, but it happens all the time.

There are a number of "No refuse" dui checkpoints opening up around the country too. In Texas (Houston and San Antonio that I know of), judges are physically at the checkpoint. If you refuse to take the test, the judge signs a warrant on you right there on the spot. There is NO choice when it comes to DUI checkpoints.

I was driving on a little highway through South Carolina once, and I was pulled over by the Highway Patrol, along with about 15 other cars. I barely rolled my window down to ask what was going on, and the Trooper just asked for my license and registration. It wasn't even a DUI checkpoint, it was just a checkpoint to see if I was a licensed driver! What kind of asinine bullshit is that?

We need new laws against these unconstitutional actions, and we need them soon. Fuck all the special interest groups (MADD) that had these checkpoints imposed in the first place.

I believe the driver was totally within his rights to not roll down the window as requested.

However, while I don't know exactly what the law in California says, I am under the impression that in most jurisdictions, if you operate a motor vehicle, you do have to produce a driver's license when requested, regardless of the reason for the traffic stop. If you don't then you open yourself up to charges.

He should have slipped his license through the window when asked for his license. They should have a lawyer on retainer before doing this. Lucky for these guys, these cops didn't overreact. These guys are going to lose.

Pastor Steven Anderson beat these charges.
(Check out his video of having the
window broken and being tased and ensuing
trial videos where his lawyer rips the cops apart.)

Pulling up to a checkpoint is not probable
cause, not rolling down the window is not
probable cause. Demanding Officer badge number is not
either. Throw in the pugnacious cop and you most likely have a not guilty verdict coming.
Also the cop report will be lies and the video will
show that.

“All laws which are repugnant to the Constitution are null and void” (Marbury vs. Madison. 5 US (2 Cranch) 137,174,176, (1803)

“Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.” (Miranda vs. Arizona, 384 US 436 p.491.)

“An Unconstitutional Act is not law; it confers no rights: it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed.” (Norton vs. Shelby County 118 US 425 p.442)

To my knowledge, every state requires the driver to present a drivers license upon being stopped. Unfortunately, most states are not enlightened enough to have declared checkpoints violations of drivers' 4th amendment rights as not even requiring a reasonable, articulable suspicion to stop a motorist. (My state has, though - yay!) JL is right - the driver is required to present identification, and will probably get hosed for refusing to do so in court. If he wants to fight it, hope he has lots of money to pay for appellate lawyers, transcripts and filing fees-it's going to be expensive because states that currently have sobriety checkpoints have a long history of court decisions allowing them, and I highly doubt these gentlemen have any new arguments against their stop and detention that the courts haven't already heard before and ruled against.

However, no state requires a driver to fully roll down their window to talk or pass identification. Note that the driver's window was partially down. The driver could have simply passed his I.D. (plus registration and proof of insurance) through the partially-open window and refused any request to roll it down further. The only reasons law enforcement want the window open is to better observe the driver (and car interior) for signs and smells of intoxication or contraband, to make it easier to send in a blast of OC spray, to make it easier to drag out the driver if necessary, or prevent possible bullet deflection from an angled shot if things go rodeo.

From what's on the video, I don't think the LEO's have anything that can stick on the passenger - in most states, unless there is an odd quirk in their "stop and identify" statutes, passengers in stopped vehicles are not required to present their identification. However, they usually succumb to the gruff demand to do so anyway. Accordingly, the passenger should be AOK, but where this is CA, all bets are off. You can bet the police brass will be pressuring the prosecutor to try to make something stick, though, because they don't want to let there be a precedent set that anyone can stand up to LEO's.

Not a criticism of LEO's - just a commentary on the process. Law enforcement will use any and all tools and tactics available to them, and until the legislatures or courts take away those tools, expect them to be used.

Watch this and learn.

http://www.youtube.com/watch?v=IIupHbRTpb8&feature=player_embedded#at=251

Why should he provide his ID. That sounds like "let me see your papers" in Europe. That's NOT American. There is no "probable cause". Checkpoints definitely are overreaching and violating the principle of innocent until proven guilty. They assume you may be guilty to begin with in this type of action.
Fascism in practice...plain and simple!

They can't find something better to do on their spare time?

Standing up for the freedom that makes this country great isn't good enough for you?

Be careful what you ask for, you might get it.
The two morons in this car got what they asked for and they screwed themselves.

In California, there is no law for police to order driver to roll down windows.

Read more here:
http://www.dui-california.com/arrestedfordui.html

Many see the clouds but not the approaching rain. Consider this: Are DUI check points and the obvious increase in police brutality in recent years, as well as the challenge to our first and fourth amendment rights strictly for drinking drivers, or, is this a mind conditioning prelude to requiring a national passport ID for any and all interstate travel (using the deliberate imigration problem) as a pretext right here in the good old US of A once the NAU (North Americian Union has been fully implemented (soon) in alignment with the NWO/UN regional set up of what we now know as Mexico, the United States, and Canada, bringing them all in compliance with the world view (NWO)? Sadly, much like our modern military, these poor dumb cops don't know how they are really being used by the powers that be to meet the goals of the rich. Fortunately some are waking up. The enemy always has us looking at the right hand (meaningless Oprah Winfry, American Idol, US Black Flag distractions) insuring that our fear level remains elevated as desired, while he slays us with his left (rapid Presidential socialist/fascist health care, divide the wealth style changes). Thesis, anti-thesis, synthisis. We Americans seem to be majoring in minors today, thanks to a socialist compliant news media. 9/11 was designed to destroy our constitution and speed up the implementation of the NWO, this has gone above and beyond all expactations. The elitist must be dancing with joy at their accomploshments since 9/11. Remember the Reichstag (our modern day call of "Remember The Alamo)!"!

Think about it. What we think we see isn't always the big picture. Conspiracy paranoia? We'll all know soon enough. Most are asleep. "There will be a New World Order" George H. Bush. And the arrogancy is, whether we want it or not! Watch for law enforcement to become even more corporate and military aggresive and brutal to civilians in the days ahead, with a possible future Martial Law declared. Watch the "Cops" or Las Vegas Cops TV series, nothing less than a means to create a national fear for police activities and authority (thank God for the few who try to remain in tried and true police parameters, we do appreciate their service).
Why slam a suspects face and head into the pavement by four of five big cops if they aren't resisting, or turn vicious dogs loose on suspects already surrounded? What happened to innocent UNTIL proven guilty?? It creates respect and fear, it says "we no longer serve, we rule and don't resist us!" Our kids now fear cops, they have no trust in them. Why do we as adults seem to cringe in our vehicles even though we have committed no crime when we hear that frightening sound of a police car sirene? It's induced fear folks, plain and simply, the end result of years of conditioning. I can even sense the standard "cop like attitude" in the cops views in some of the above articles, like " The Clown," not "this citizen's," and other demeaning aspersions. Who gives this cop the right to set himself on a higher plain than these citizens? Automatic judgments like; "Dirt Bag," "Clown," Bad guy," during arrest. Is this not pre-judging the citizen BEFORE he/she is adjudicated by law? A type of vigilante law? Also, many women have been pulled over and assaulted by rapist in cops uniforms and using "Blue Lights," why does this cop find asking for proper ID so unwarranted just because he is in uniform? It's a double edged sword. We're screwed before we ever get to court. Why are we to believe that cops don't lie, especially when they have quotas to fill? The Bill Of Rights is a joke to them today. Bush GW called the Constitution "Just a G-D piece of paper!" A paper of laws and rules of freedom established by the shed blood of millions of Americans over two hundred plus yeas. Our Presidents won't defend it as sworn, and our Congress is too cowardly to defend it (might lose perks or hurt some foreignrs feelings). Your rights? You have the right to shut up and behave and "show us your papers please." Men of God are already being arrested for exercising their "right to free speech" in the public arena. All things permitted today...except Christian's and God! Friends, the problem(s) are much greater than simply having a confrontation with over zealous bullying cops at a road side check point.It's spelled T-O-T-A-L C-O-N-T-R-O-L from the cradel to the grave.