Mr Checkpoint Tweets Locations of CA DUI Checkpoints
September 4th, 2013
During holiday weekends, police officers in some states set up unconstitutional DUI checkpoints, in which all drivers, even those who are not driving recklessly, are required to submit to a police encounter and investigation, simply on the basis of their location. In my own home state of Tennessee, citizens are not allowed to refuse the investigation and are sometimes forced to give blood samples against their will.
Southern California resident Sennett Devermont is fighting back against unconstitutional checkpoints by providing a forum for Californians to post checkpoint locations, so that other drivers can avoid them. He operates his service under the alias Mr Checkpoint. Through a website, , and , he publicizes each listing to a network of thousands of locals. Check out LA affiliate NBC 4′s coverage of Mr Checkpoint below, and let’s discuss his initiative after the jump.
DUI Checkpoints Violate Rights and Don’t Work
DUI checkpoints lack the probable cause that is typically present during a lawful investigation of driving under the influence. If a driver is swerving between lanes, pushing drivers off of the road, and demonstrating an inability to control the vehicle, police officers can reasonably cite probable cause and pull over the suspect. At a DUI checkpoint, officers don’t even get an opportunity to observe drivers as they operate their vehicles and thus have no real basis on which to determine if someone might be driving impaired.
As such, people who find the checkpoints inconvenient or who have red eyes after a long shift at work are often targeted for investigation, due to an annoyed reaction at being stopped needlessly, despite not being impaired at all. Mr Checkpoint himself was once punitively arrested for DUI after refusing to submit to a field sobriety test, despite being completely sober. These checkpoints are staffed by large numbers of officers, pulling manpower away from live traffic where drunk drivers are in the process of driving recklessly and demonstrating impairment. Every moment an officer spends investigating someone sober without probable cause wastes limited law enforcement resources.
Publicizing DUI Checkpoints Is Good Policy
If DUI checkpoints have to exist, publicizing them is good policy. Unquestionably, Mr Checkpoint’s service is protected by the First Amendment. He allows drivers to plan routes that avoid checkpoints. In my own home state of Tennessee, the government is required to publicize checkpoint locations in the media, and organizations like Tennessee’s Campaign for Liberty typically send out alerts.
Though some statists will argue that the publication of checkpoints allows impaired drivers to avoid detection, the reality is that drunk motorists lack the mental capacity to research alternate routes. Even organizations like Mothers Against Drunk Driving have admitted that publicizing checkpoints reduces incidences of DUI. Additionally, it allows people who work night shifts on holidays to avoid lengthy delays that could cause them to arrive late for work.
Generally speaking, DUI checkpoints are unconstitutional and ineffective. However, if police are going to use them anyway, citizens have a right to know their locations. For providing a crucial service that allows free people to avoid an unconstitutional inconvenience, Mr Checkpoint is this week’s Silver Circle Rebel of the Week.
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