DUI Checkpoints Just the Tip of the Iceberg, Cops Now Going Directly into Bars with Breathalyzers

[KamaAina]

http://thefreethoughtproject.com/dui-checkpoints-tip-iceberg-cops-bars-breathalyzers/

Sacramento cops are rolling out a new program this Memorial day to allegedly combat drunk drivers. While the reasoning for this new program may sound just, its implementation is anything but.

If you are out in a bar this weekend, be prepared to have multiple officers come in and ask the patrons in the bar to blow into a breathalyzer.

DUI roadblocks are apparently not invasive enough, so the Sacramento PD instituted a program to attack the source, the places where alcohol is consumed....

One of the bar patrons who’s been exposed to the program explains, “Admittedly we were a bit put off when we were gonna walk in and saw a bunch of cops with breathalyzers.”

Got police state?

[NYC_SKP]

1. People need to take this all the way up to the SCOTUS.

Fucking Sacramento?

You would think that California would be enlightened, but it's not.

It's in many ways the lead in police state policies established under the guise of progressive political legislation.

Fuck it.

Reminds me, too, of the trap created years ago where signs were placed just before a highway exit saying "DUI check two miles" and anyone who got off right away at that exit was investigated, probable cause they said.

[KamaAina]

2. The Central Valley is far less enlightened than the coastal regions

as is the Inland Empire (Riverside and San Bernardino counties).

[LuvNewcastle]

24. California's odd.

It's hard to get a sense of the place because so many of the people aren't from there. They have a liberal reputation, but in many ways they seem kind of conservative to me. This is one of those instances where you would be better off in Mississippi than California. They would never allow cops to go into our bars and casinos with breathalyzers. I don't think there's a judge around here who would side with the cops on something so blatantly unconstitutional.

I believe there are people in our government who have no respect for the Constitution, especially the Fourth Amendment, and they're testing the waters right now to see what they can get away with. We've got to stand against this sort of shit every time it happens or we're going to be in real trouble.

[NYC_SKP]

30. I agree. It's odd, and it's big, and diverse.

LA is way different from the big valley, and the Bay Area, and northern coast.

But when it comes to constitutional boundaries, we as a state have pushed them too far, IMO.

[LuvNewcastle]

43. One thing that's obvious to me is

that we have too many damned cops. If they've got time to have these little demonstrations in bars, it sounds to me like there isn't enough work for them. Bill Clinton pushed a bill through that hired 100,000 cops, and I've heard others calling for even more today. How many cops does a free society really need?

[Jim__]

3. That definitely sounds unconstitutional. - n/t

[jwirr]

4. The bar owners must love that.

[cwydro]

5. Well, I watched the video

and it was clear it was done as education. The patrons seemed to have a blast doing it.

[sharp_stick]

15. Clickbait

not even very good clickbait but it sure gets a lot of people upset over something they don't even bother checking out.


TAKE IT TO SCOTUS!!11!!!

WHY ISN'T CNN ON THIS!!!111!!

[cwydro]

44. Lol! Exactly.

It was all volunteer.

[MiniMe]

6. It isn't illegal to be drunk in a bar

It is only when you get behind the wheel of the car that it becomes illegal. I would refuse to take one in a bar.

[notadmblnd]

8. If the authorities think you are going to get behind the wheel, they can arrest for drunk driving

So, if you walk out of a bar with your keys in your hand, go to sleep in your car with your keys within reach or anything similar to that, you can be arrested for drinking and driving.

[closeupready]

11. Wrong.

But if you have a case cite or if you can point out such law, would be appreciated.

[notadmblnd]

17. It is the law in Michigan. I know from experience.

Here's a plethora of info from the google.

DUI Entrapment? - DUI Defense BlogDUI Defense Blog
https://www.duicentral.com/blog/2012/10/05/dui-entrapment/
Oct 5, 2012 - I've had several people ask me if it is considered entrapment when law enforcement wait outside of bar or restaurant so that they can arrest ...
Can police sit outside of a bar, watch people leave, and then ...
www.avvo.com › Legal Advice › DUI
Avvo

Jul 21, 2010 - Filed under: DUI Entrapment and criminal charges DUI arrest Arrest for criminal ... If you don't want to be arrested for DWI, then simply have a ... Otherwise, when you walk out of a bar and get into a car, you are likely to be a target. ... State and they gave my keys to someone without me signing them out.
Not Driving in DWI Arrest | Fort Worth Criminal Lawyer
https://www.versustexas.com/.../arrested-driving-intoxicated-werent-drivi...

Mar 22, 2014 - Call our attorneys if you were not driving in DWI Arrest | Fort Worth Criminal ... For example, if you are found passed-out, sitting in the driver's seat of a parked ... On the other hand, if you just got into your vehicle to “sleep it off” and ... keys to the vehicle in your possession, a court could determine you recently ...
Why do you get a DUI if you sleep in the backseat of your ...
www.quora.com › ... › Traffic Law
Quora

The engine was off and the keys were in his pocket. ... The trooper arrested the occupant for DUI and obtained a conviction. ... I have arrested and obtained a conviction on people who were passed out behind the .... If a police officer pulls me over for drunk driving in the USA, will my car get towed if I legally park my car in a ...
DUI's for blowing UNDER the legal limit – Right or Wrong? |
pacingforward.com/.../duis-for-blowing-under-the-legal-limit-right-or-w...

Apr 29, 2009 - Just arrest anyone you see leaving a bar even if they just had a beer ... My friend who got arrested for a DUI for blowing UNDER the limit had his entire case dropped! ... can still get a DUI if you aren't driving, if your keys are in the ignition. ... walk out of that courtroom with a big smile on my face n when i see ...

[DefenseLawyer]

19. Most states allow for a drunk driving charge where they can show an intent to drive as well as the

ability to operate the vehicle. That is, getting behind the wheel with the keys. Although there are also cases where a person sitting behind the wheel of a car that's running, but legally parked, has been found lacking to show an intent to drive. I know of no case where simply asserting an intent to drive, outside the vehicle, would be enough.

[notadmblnd]

20. Staggering out the bar doors with ones keys in their hands, would indeed give a LEO

an indication of intent to drive. No?

[former9thward]

22. No.

They have to get into the car.

[notadmblnd]

23. Fraid not

I had a friend that simply told the cop that he was capable of driving. Standing outside the car. Guess who went to jail that night?

[former9thward]

27. Guess who will be found not guilty if he gets a lawyer?

Although this should be a lesson to your friend never to talk to police. A lesson which will be ignored.

[DefenseLawyer]

26. I know of no case anywhere that has allowed for a drunk driving conviction

based solely upon "staggering out of a bar". That may very well establish intent, but the cases require an intent PLUS an ability to operate, which is generally established by being behind the wheel with the keys, at a minimum.

[notadmblnd]

32. Conviction and arrest are two different things, no?

[Nye Bevan]

37. Nope. You might be staggering to your car to grab your coat, and then take a taxi home (nt)

[notadmblnd]

38. I'm certain many a LEO has bought that one over the years

Officer, I was just going to get my coat....

[KamaAina]

42. That's "Ossifer, I was just going to get my coat.... ".

[appalachiablue]

45. +1

Knew a guy who fell asleep in his car at a friend's parking lot (never drove home). Cops spotted, charged and convicted.

Think this might be a need for 'more work, revenue'. Or perhaps Revenge of the Potheads? It would be justified although sick-

[GummyBearz]

28. You are wrong.

Post 17 covers it. Get informed before you give out false information on topics you know nothing about. There is enough BS on the internet as it is.

[closeupready]

31. Nope. But keep lying to yourself.

By all means.

[notadmblnd]

33. give it a try sometime

[closeupready]

35. Okay, done here.

Bye!

[notadmblnd]

39. bye

[KeepItReal]

25. Or you're gonna use Uber or Lyft. None of cops' business.

eom

[HereSince1628]

47. It's not only when you drive. Public drunkeness when you are walking

as well as drinking while sitting in a public place can be a problem in some places.

[Dyedinthewoolliberal]

7. Another reason to support the ACLU

I'm sure they have an opinion on this.

[sharp_stick]

9. Way to clickbait

do you work for huffpost?

This was just an educational program, there were no arrests, there were no warnings, there were no threats or coercion to participate.

I love bullshit headlines..way to go.

[KamaAina]

10. It's not from HuffPo

[sharp_stick]

14. I know

huffpost probably thought it wasn't important enough for their clickbait team, hell not even Buzzfeed picked it up.

[Panich52]

18. Educational or not, it's intimidation

It also probably affected bar owners' profits.

[Major Nikon]

36. Voluntary breathalyzer tests! Free information! The police state is upon us!

[jakeXT]

12. Precrime

What’s disturbing about this scheme is that it will penalise fans, not for committing acts of violence or disorder, but because they might commit such acts in future. The phrase that springs to mind here is ‘precrime’. It’s a term coined by sci-fi author Philip K Dick in The Minority Report, which was adapted into a film by Steven Spielberg. The story paints a dystopian vision of Washington DC in the year 2055, in which a dedicated police ‘precrime’ division uses intelligence from ‘precogs’ – mutants who can foresee future crimes – to arrest people before they have committed the offence. Admittedly, Cambridge stewards don’t have the telepathic powers of Samantha Morton, vegetating in a bath of blue goo, to envision future crowd trouble. Breathalyser kits certainly aren’t the stuff of science fiction. But their use at Cambridge is pure ‘precrime’. The introduction of breath tests is an attempt to punish football supporters for crimes they might commit as a result of intoxication.

http://www.spiked-online.com/newsite/article/precrime-policing-is-ruining-football/16953#.VWS-SIRhic0

[Politicalboi]

13. The customers should bend over

Moon the cops and tell them they're ready for their breathalyzers. FART!

[karynnj]

16. Interesting idea if someone other than the police did it

Imagine there was some small gain to doing the test right as you paid the bill - maybe getting say 5 % off. What it would do is that many people who had too much, but think they are ok might reconsider driving. If the city or some charity paid the "discount", I suspect that it might work with people, not intending to put anyone at risk -- but doing so. How many DUIs or accidents would it have to prevent to be worth it.

[Rex]

21. Do you have to do it or will they arrest you if you say no? nt

nt

[Go Vols]

29. I would be one of the first to find out

[peacebird]

34. The Fairfax Co police pulled this crap in December about 12 years ago, after YEARS of ads calling

For Designated Drivers, they wewnt into bars and started arresting people who were over the limit BUT had. Designated Driver with them. Caused quite the stink. Yes, the folks were drunk, but not causing any trouble. It did NOT go over well. In the news, and when the bar and restaurant owners started bitching the practice came to an end.

[appalachiablue]

46. I believe this, anything there. Bet they'd go into ABC stores & arrest people right after they

purchased & before they left the store. (Recovering Unfairfax Co. resident).

[clarice]

40. NO %$^&ing WAY !!! Say it ain't so !!! nt

[MineralMan]

41. Clickbait. It was an educational thing.

Let bar patrons know if they're over the limit. I'm betting a lot of them were surprised to find out that they were.

If it were up to me, the cops would wait outside of every bar and test drivers who drive away from that bar. I hate drunk driving more than almost anything I can think of. I knew people who died because of a drunk driver.

If they come out of a bar and drive, stop them and make them blow into the tester. If they're over the limit, arrest them for DUI. Just do that for a while and things will slow down. If you're drunk and you drive, you're breaking the freaking law. Don't do it, and you won't get arrested. Simplest stuff on the planet.

I have zero tolerance for drunk drivers. Period. Arrest and charge them all.