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mikeysco
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If you are in the US (and you really should tell people if you're not, because this might be different in other countries), the answer to your question is no.
ABSOLUTELY no.
You did not ask about checkpoints. If you meant to, you should ask your question again and be a little more specific. What you asked is if, while I'm driving down the road and decide to stop the car in front of me for no reason other than to administer a breath test, it would be legal.
NO, it would not.
Checkpoints do not administer breath tests. They rely on the officer's proximity to the driver to use his/her nose to detect the odor of alcohol on the driver's breath or develop some other kind of reasonable suspicion to detain the driver. |
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andy h.
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technically "NO". but that depends on which state you live in and what the "passive" and "aggressive" laws are. for instance, in south carolina they couldn't do roadside check points for years, but with them (the state) complying with the "federal click-it-or-ticket" campaign, they can now set up checkpoints to determine if the occupants are using safety-belts.......is that alcohol i smell? remember, probable cause is left to the discretion of the officer and is sometimes arbitrary. |
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neil k
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It depends on where you are. In Canada, we have had cases in which the defendant was stopped, for no apparent reason, and was found impaired, but when it went to court, it was thrown out. |
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blktan24
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anyone who says privledge vs right is an idiot and does not have basic understanding of law or liberty and should always be ignored.
now to ur answer. this is a debate in the legal field however a checkpoint is legal but pulling random people over without a common plan is not. |
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Natanovich
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Not in the United States. The police in Idaho tried to do that once, but the Supreme Court has rightly ruled it to be against the Constitution.
4th amendment. |
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kevin n
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the standard is reasonable suspicion not probable cause |
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b k
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Cops dont need Probable cause. If there is none they just make up somthing. |
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tiny b
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yesss it is legal and I thank them when they stop me.. I want every single drunk off the road!!.. |
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lpdhcdh
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It is illegal for any vehicle to be stopped without reasonable suspicion, unless as other posters have stated it is part of a checkpoint situation.
A good traffic cop will be able to pull over 99% of the people he wants to. Most folks don't have an idea of a 1/3 of the traffic laws out there.
Elaine-I (or the trooper who contacted you) don't need "probable cause" to ask you a question. I can ask you anything that is non illegal or immoral. Remember the 1st amendment? I have that right too-if I so wished I could ask you if you know where Hoffa's buried.
If someone stated to me "I don't smoke, I don't drink and I don't do drugs" without me asking them, that would make me wonder. I think "you doth protest too much" if you get my meaning. As for walking a K-9 around a vehicle, nothing illegal in that, it wouldn't be a search either.
Educate yourself a little bit... |
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millerz2112
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The Constitution has been thrown out. Sure the Nazi cops can do whatever they like. There is no such thing as probable cause, the cops are free to stop you anytime anywhere no reason needed. |
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toonlink
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There are so many vehicle codes that if a cop has the suspicion that you may be under the influence, it isn't that hard for him to find something to get you to pull over for. And a majority of the time, their suspicions are right.
Also, like the first answerer said, there are designated nights that PD's set up DUI checkpoints throughout the city. |
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mild_irritant
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The courts have said yes.
Driving is a privilege, not a right, so they can stop you whenever they want. |
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Security Net R
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Police officers are allowed to randomly stop vehicles to confirm the identity of the driver and to check that the vehicle is properly insured.
With that they are also allowed to check the sobriety of the driver while operating a motor vehicle.. |
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PATRICIA MS
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I have seen where they put up roadblocks and stop every so many cars.
Must be legal. |
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