DUI checkpoint refusal to answer cops 

You are under NO OBLIGATION to answer any questions.

“I can detain you for an hour. Just answer yes or no.” What a fucking joke.

I don't see why everyone is so down on this rider.

How does handing over your license determine if you have been drinking? Seems like a scam to make more money by fishing for other problems like warrants, expired tag probation ect.

He handed over ID so in his complaint, he can tell them he did so "under duress" so it looks bad for them. There are smart ways to handle these situations and really stupid ways and this guy did a great job at doing it the right way.

The worst thing about this video is reading all comments of people telling you to give up your rights in order to "keep others safe." Hope you're doing well.

He wasn't rude. Used his rights. And the situation ended properly. Could things have gone faster if he answered, sure. But can't he check how the cops behave when a person uses their rights at the same time they do their checkpoint? The argument that "if you don't have anything to hide, why hide things" is stupid. Your rights are yours to exercise as is, your privacy is your responsibility to try to maintain.

The number of people thinking the biker is in the wrong is astounding and a fine illustration of the state of our nation, and the problem with democracy.

A DUI checkpoint at 2:00 in the afternoon on a country road? What the hell is going on in this county?

A lot of people here licking the boot. I can only assume they think that police officers are naturally good people. And most of them are! But, as the saying goes, a few bad apples spoil the bunch. Here we see a classic bad apple situation. A man, who has literally done nothing wrong, is stopped by police. That already should not happen. The police do not have the ability to just pull you over whenever they want. They need to be able to articulate exactly why, otherwise it's an illegal stop. Next, the officer punishes this man for not providing documents. Being secure in your papers is your 4th amendment right. The officer has no reasonable suspicion that this cyclist has committed any crime, and as such has no right to ask for an ID or driver's license. Finally, the officer clearly does not understand the 5th amendment. Our cyclist here cannot be forced or compelled to speak to an officer. Even if he has committed a crime, even if he had performed a traffic violation, he does not need to answer or respond to the officer in any way. This man was unlawfully detained and unlawfully searched. These police officers committed crimes. Now, sure, they probably did it for a good reason. They probably did it to make sure no drunk drivers were on the roads. But it's still a crime, and good intentions don't make good excuses for committing crimes.

Before you get angry just know that this checkpoint is not designed to stop drunk drivers, it's a revenue source.

"I can detain you for an hour". That's code for "If you don't allow me to violate your rights I will retaliate".

Apparently, many people in this comment section fail to comprehend 4 things: 1. Us citizens have constitutional rights. 2. DUI checkpoints are unconstitutional and inefficient (in what they should do, catch drunk drivers), they're purpose is "fishing". 3. Public servants are not your friends, they're trained to make you believe they are. 4. Everything you say (even the most innocent things and simple answers) can lead to truly awful stuff.

Instead of asking, have you had anything to drink today, sir they should ask. Are you willing to incriminate yourself?

The cowards just loves to violate our fourth amendment rights and they do not understand it’s illegal to do so

Imagine what kind of person thinks "Papers, Citizen!" is acceptable behavior.

The entire checkpont seems suspicious. There was no reason to make the rider stop further up. They wasted his time for no reason.

The Constitution clearly states the government must have reason to search you. Random by definition means no reason. All random searches are illegal.

If this was strictly a DUI checkpoint, that's all they should be able to do. Ask a few questions to determine sobriety and citizens can refuse to answer those questions

So an unlawful detainment and unlawful demand for id aren't worth an incident number. I get the feeling that certain law enforcement agencies are specifically taught how to violate Constitutional Rights. Someone should FOIA their training material and internal memos, etc. There's a pattern here..

Why do so many cops get so butt-hurt when people exercise their rights?

Waste of taxpayer money.

I don't know why people get upset when a person decides to exercise their rights under the constitution.

If a person is more aware of his constitutional rights than the police officer then it is reasonable to believe that he is less impaired than the police officer.

Crazy how many folks in this comment section actually think the rider is at fault.

They say, “If you have nothing to hide you should have nothing to fear. Why should you care?” They don’t think about the origin of that quote, which is a piece of Nazi propaganda from Joseph Goebbles. Privacy is the foundation of all other rights. Arguing that you don’t care about privacy because you have nothing to hide is no different than saying you don’t care about free speech, because you have nothing to say. It would behoove us all to be weary of the phrase, “the innocent have nothing to fear.” For the innocent have everything to fear, an mostly from the guilty. But in the long term even more from those who say things like, “the innocent have nothing to fear.”

The way I see this is 1) You dont have to pull over and do what the law says which is kind of cool in a way as its all about freedom... but 2) who the fuck cares about having to do a quick DUI stop?? They're keeping drunk drivers off the road. Your actions show that you are against the prevention of drink drivers... What matters more: 5 minutes of your time, or preventing road accidents? You should thank the officers for the job they're doing, they're helping you to stay safe! Especially on a motor bike. If it the DUI checks were forced on you brutally than fuck yeah fuck the police but these guys were friendly

Look at how many cops are just standing around with their hands in their pockets for their 150 to 200 grand a year while everybody, else is out Busting they nuts paying them

The point of this person's video is that checkpoints are human rights violations. If you submit to this, you will submit to anything.

So many people on here calling the motorcyclist an asshole.. Without probable cause, these detentions are illegal. You have the right to travel unmolested. As soon as he said he didn’t answer questions, the next response should have been “you are free to go.” Because that is so foreign to the people in the comments, it’s easier to vilify the guy riding the bike. He didn’t do anything wrong.

Why don't they just setup a sign that says "crime check point: if you have broken any law please pull yourself over so we can ticket/arrest you" . This is a waste of time, money and resources.

Cops, they're there when you don't need them and never around if you do.

He answers no questions because a citizen is not required to assist an officer with his investigation into himself.

Why would you talk to someone who has the legal right to lie to you and records your words to use against you? In the jurisdiction in which I live the statistics show that regular patrols catch DUI drivers at a rate 4x higher than check stops. What a waste of resources, 4-8 officers at one location. But we think the real reason is to slowly turn us into a "Papers, please!" society. All we need to do to stop this is everybody exercising their right to remain silent. But it's far easier to simply comply.

My parents were almost killed by being hit by a drunk driver. America has a serious drinking and driving problem. However, I also don’t believe in checkpoints either as this runs constitutionally thin on people being able to freely travel without probable cause being utilized justly (no weaving, slow/fast driving, no impairment shown, etc). I truly think officer resources are better used looking for drunks where they are usually found and displaying bad behavior. All DUI checkpoints do is waste people’s time, gets them upset and makes departments look bad in the public eye. I appreciate what all law enforcement do to protect the public but DUI checkpoints are not a wise idea for the public good. It comes across as a fascist style of law enforcement.

I thought checkpoints were unconstitutional? They violate unlawful detainment.

That's a lot of tax payer funded standing around.

That's a whole lot of cops standing around doing nothing

So many men showing they are not responsible when given power over others, ego seems to be more important than freedom.

Kinda stupid to put up a DUI checkpoint in the middle of the day with that amount of manpower. They probably nabbed a guy with a cracked windshield so the chief and the taxpayers wouldn't be pissed off.

You legally don't have to answer any questions. I think he is just trying to prove a point. He obviously isn't drunk.

DUI checkpoints are unconstitutional. Period. No probable cause. Illegal stop, search and detainment. There is no such thing as a routine stop of any kind. This dude was absolutely within his rights.

you have the right to remain silent - every frickin time, no matter what

OK, I am from a different country so perhaps I can offer my opinion and add some objectivity, take it or leave it. Firstly ...and I think it is important to think about it this way. The motorcycle driver was not DUI and did nothing wrong. He was in fact respectful and did everything the policemen demanded he do. The US has laws that ensure the rights of the individual. Not so where I live. For those that criticize the motorcycle driver too much, he is actually helping ensure that those rights are maintained. Legally he does not have to give more information than he was giving. Don't be too quick to hand over your 4th Amendment rights, otherwise why even have rights? The last officer, the sargent, the guy with the hat, was also very respectful to the driver, and knowledgeable about the law. He was calm had no attitude. He handled the whole situation very well.

The problem is, ANYTHING you say CAN and WILL be used against you. The cops are not there to clear you, they are there to charge you. Read it and weep: ANY....THING.

The cop asked the U.S citizen if he had anything to drink today. The biker should ask the cop if he brushed his teeth today and showered. Stopping anybody who has not broken the law is illegal. Cops are law enforcement officers and can only enforce the laws. If you did not break a law then the cops can not detain you and interrogate you.

" Sorry to inconvenience you" but if you dont assist me as i am trying to violate your rights by not answering questions i have no right to demand you answer like " have you been drinking," I will be a tyrant with a badge and a gun and needlessly delay the stop, and try to intimidate and harrass you until you do. That 3 striper should be ashamed of himself.

This is exactly how to handle this type of stop. A citizen has a right not to answer questions. The police know this very well. They had no indication he was impaired and cannot simply demand answers. The driver was polite but firm. He asked if they ordered him and then complied. The reason to ask if it is an order is that later their commands can be challenged in court if arrested. The conduct of the police may not be legal but don’t fight it at the side of the road. He did very well and remained polite at all times.

For the life of me I've never understood how these are constitutional. Or border checkpoints that are well within the US border.

The whole reason they ask a question is to either entrap you or to put you at ease for the entrapping question. When it comes to cops every question is a finely crafted loaded question. That they have practiced a hundred times before. To all who say just answer it. The jails are full of people who thought the samething.

I still watch this year after year. Respect. If you don’t exercise your rights, you lose your rights. Good job.

Sign is incorrect. It should read POLICE STATE AHEAD.

This dui checkpoint is just an excuse to search you and your vehicles.

I can't believe this has a 70% thumbs down. The motorcycle driver is standing up for his right to NOT have his freedom infringed upon. The cops don't have the "BLANK CHECK" right to do a DRAGNET search & survey of the citizenry. They wanted him to raise his visor so they could smell his breath and look at his eyes. That's illegal search & survey. They didn't have probable cause or any legal reason to pull him over. He wasn't speeding, he didn't have any malfunctioning lights. Listen, people. If you give up your rights you'll get walked on by jack booted dictators at some point in a fascist / police state future. The U.S. Government in modern times - since about 1968 - hates the freedoms that the Constitution GUARANTEES us. They want martial law so they can NULLIFY the Constitution. We ARE headed in that direction. Slowly. Your rights... OUR rights... were fought for, won, and have been secured with the BLOOD and very LIVES of our ancestors. If you give up those rights, and they CAN be given up easily, they will NEVER be given back to you or your children or your grandchildren. They will have to be FOUGHT for AGAIN in order to get them back. I have been WELL educated by the teachers I have been so FORTUNATE to have had in my school. Also very educational was the fact that my father was a police officer and he "clued me in" on the fast & loose behavior of people in positions of authority.

Those of you calling the biker various names should consider that it is possible the true answer to the question of whether he has recently had a drink might be 'yes'. Doesn't mean he's DUI, but he is not obliged to give the cops that info, and he'd be a fool if he did. But he'd be just as big a fool to lie and say no, because it's possible he was observed by other officers exiting a bar. The best policy is to exercise his right to remain silent, and not assist the cops in their fishing expedition.

I don't really get all the negative comments. Courts all across the country have determined that police checkpoints are unconstitutional and violate the 4th Amendment. I applaud this young man for exercising his rights. What is really sad is that so many Americans are happy to give up their rights and bend over for the Police.

He is pulling the right to remain silent. That is his right and his choice. What the cops are calling a checkpoint is in fact an attempt at illegal search and seizure.

Ladies and gentleman. Submit,submit, submit. Is NOT the American way. DUI checkpoints, stops without cause, home entries and car searches without cause are the reason the citizenry’s’ trust and friendship of law enforcement is waning. Fishing expedition law enforcement does more harm than good. Please get back to intervening in crimes not strong arming the general population.... one mans opinion.

He has the right to not answer questions. "Keeping the roads safe" riiiight

I have to say that these policemen were extremely civil. Compliments to them in how they handled this asshole.

"The Supreme Court has repeatedly held that refusal to answer law enforcement questions cannot form the basis of reasonable suspicion." U.S. v. Santos 403 F.3d 1120 (2005)

18 freaking cops with nothing to do. Taxpayers getting screwed again.

See right there that cop broke the law . The biker did nothing wrong but the officer made him pull over to the side of the road.

The rider is under no obligation to help the officers with their investigation, and he doesn’t have to answer any questions. If it were me, I’d give them my license and registration (this is not a traffic stop, i.e. the rider is not suspected of any violation, so that may not be required), and that would be IT.

For every person that ever says if you have nothing to hide it or haven’t done anything wrong. Just answer You’re an embarrassment and need to learn your Rights

I hope all of you understand that these cops were not harassing this man or taking his rights away from him. He would not have been "detained" if he would have said "no I have not been drinking." As an American I understand I have many rights and liberties but I don't see them being jeopardized by an officer asking me if I had been drinking and driving. If you people would have been paying attention those other people were literally leaving almost 2 seconds after they had been stopped, so obviously if they are trying to find a reason to incriminate you they weren't trying too hard to do so. We feel so entitled and it annoys me sometimes. It's not like if they start doing DUI checkpoints that they are gonna start doing raids of homes for no apparent reason. It's like saying smoking a joint is going to lead to you dead on the floor from overdosing on heroin. In Nazi Germany they would kill and pile up jews or anyone else they felt was harming their nation. Not putting up checkpoints for drunk drivers you ignorant fucking people. People like the guy in the video are what makes us as a nation look like entitled little brats and that's what we basically are.

No. He's not an idiot. He's not intoxicated whatsoever. Listen to his voice. He did the right thing.

like 20 cops just standing around fishing for ticketable infractions.

I think the point of this video was to show us how to ruin the clutch on a motorcycle.

Interesting how people condemn YOU for folllowing the law.

The sergeant says he is sorry to inconvenience the driver. But of course he isn’t sorry. Which illustrates a characteristic of American cops: They are habitual liars and will do so even when they gain no benefit from the lie and when the lie is trivial to detect. Both apply here. It clearly is insincere to claim to be sorry for the brief detainment when it is being repeated 100s of times an hour at this one check point.

"Those who would trade their freedom for security deserve neither." Ben Franklin

Right to travel freely without being harassed through illegal stops searches and seizures

What everyone is missing, is that the ruling in Miranda v Arizona was that the police must advise you that you do not have to answer questions, before they start asking any questions! So any questions at a DUI check point, must be prefixed by a warning that any thing you say may be used against you, before asking you if you have had a drink! The Court held that “there can be no doubt that the Fifth Amendment privilege is available outside of criminal court proceedings and serves to protect persons in all settings in which their freedom of action is curtailed in any significant way from being compelled to incriminate themselves.” As such, “the prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination. By custodial interrogation, we mean questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.” Moreover in Robbins v City of Des Moines, the Justices ruled that a detainment is a arrest, if you are unable to freely leave! There is a misunderstanding by the Cops that this only applies to a person who has been arrested for criminal offence, that is not true!

"Have you had anything to drink today, sir?" What kind of stupid, pointless question is that? Everyone is going to say no, regardless.

DUI checkpoints are legal as long as setup and checkpoint plan is followed. Guy had no legal requirements to answer any questions. Nor to raise his visor for that matter. " those who give up liberties for for little bit of safety.... Deserve neither liberty nor safety..." - Benjamin Franklin... Not a direct quote but close enough

To all the people saying things like "just give them what they want"/"it would have been over in much less time if he would have just answered the questions"/"this is escalating the situation unnecessarily" Ever heard of the 4th amendment? Unwarranted searches and seizures. Yes, these cops were doing checks. No, the checks were not constitutional. If you don't exercise your rights, they become seen as obsolete.

There was no just cause to pull him over in the first place. He is not required to answer a single question.

A random check of "your papers.' Sounds like a forth amendment violation.

The amount of bootlicker comments on this is amazing. I'm astounded how eager some people are to give up their rights.

I see no problem he exercised his right

I have been stopped at a DUI checkpoint, cited for a tag light being out and no insurance card in my vehicle. So "random".

Thanking this guy for exercising his rights. The only way we preserve our rights is by people using them. Thank you

Yeah, ID proves that you have been drinking earlier that day doesn’t it.

The problem here is this is impeding a persons right to travel. This an attempt at extortion through force.

To anyone who thinks this guy should’ve just said no, you’re wrong. First off, whether this questioning is legal is questionable because there is no probable cause or even reasonable suspicion that he’s drunk. Second, when police are trying to talk to you about a crime, nothing you say can help you. Third, if he said no, the police could have continued to ask more questions, and anything you say during questioning can and will be used against you. Even innocent people will inevitably say something incriminating during questioning. Lastly, remaining silent does not make you look guilty. Doing so cannot be used against you and for the reasons above is the best course of action even if you’re innocent. The douchebags in this video are the cops who are trying to convince people to waive their rights.

Perfect example of why the US isn’t better than any other country. PAPERS SHOW ME YOUR PAPERS

Ex cop now lawyer: NEVER TALK TO COPS!! Anything you say can and will be used against you in the court of law, BUT IT WILL NEVER BE USED TO HELP YOU!!

Unbelievable how much money we got standing around at this stop

You people that are calling this guy an idiot... it is exactly that passive mentality that is creating the police state in which this country is nearly in.

Most people don't understand this. You DO NOT HAVE TO ANSWER QUESTIONS. Your Miranda rights state, "ANYTHING YOU SAY, CAN AND WILL BE USED AGAINST YOU IN A COURT OF LAW" This is how you use the law against them. "I DO NOT ANSWER QUESTIONS"

DUI checkpoints are illegal in my state. Also stopping people from freely traveling when no crimes have been committed is unconstitutional.

Why is everybody against this guy?Who's just exercising his rights? You people are sheep

Good job. We have the right to travel freely without being questioned or stopped unless we violate the law.

Are they expecting someone who has been drinking to admit it?

all the people in the comments saying why not answer the police officer. Well, if you answer questions they will use what you say against you and possibly interpret what you said as admission of guilt or waving of your constitutional rights. They cannot detain you for longer than reasonably required to conduct an investigation. They will ask you questions to get you to wave your rights and basically offer up evidence against yourself. I would be much more polite than this fellow but hey he has the right to act that way. The police are NEVER your friend.

"I can detain you for an hour" Without any reasonable articulable suspicion huh?" For the "crime" of exercising your Constitutional rights?

If you don't like state funded checkpoints, don't drive on state funded roads. If you don't like county funded checkpoints, don't drive on county funded roads. When you get your license, you're implying consent.

We all have duties, LEO’s must swear an oath to uphold and defend the Constitution. Citizens are who the Constitution was written to protect. Disrespecting citizens Rights is failure to uphold the oath. It’s serious for reasons, one is called respect, it’s a two way street…

To all of you saying "OMG, just say 'no' and they'll let you drive away", there's this thing called the 5th Amendment that says you have the right to not answer any questions from law enforcement officials without legal counsel present. It's in the Bill of Rights. Look it up.