DWI Checkpoints: Do Cops Have to Read Your Rights? #criminallaw #cops

Do cops have to read you your rights at a DWI checkpoint? Nope! They aren't considered custodial interrogations, so they do not have to read you your rights. But, that doesn't mean they aren't taking everything you say and do into account for their investigation. So, be careful and be sure to invoke your Fifth Amendment right to remain silent.

#5thAmendment
#KnowYourRights
#Cops
#Police
#PoliceOfficer
#DWI
#DUI
#Cop
#investigations #criminallaw

[thomast]

If it's not custodial, shouldn't I be able to leave at any time without interacting?

[zacharybuerkle]

Imagine cooperating with this piracy/extortion..

[Dylanrhyne]

Why do you have to even present your license if you didn’t commit a crime? I truly want to know, do I have to even give my licenses in a state that is not a stop and identify state???

[robertsmith]

Am I free to go?
"No" It is now custodial.

[tylerjones]

Remember kids, tell the police nothing but tell the paramedics everything.

[MrGevander]

Know the difference between "investigatory" detention and "custodial" detention.
But practice your 4th, 5th, and 6th Amendment rights through ALL OF IT.

[noachhayward]

they dont even care if youre sober. they just want a ticket and will use any means to get it. its not like they can get in trouble

[DJBeacon]

They only need to read your rights when you are being arrested, so always ask if you are being detained/free to go when you encounter a cop (only really applies in the US)

[JonDisnard]

Sigh .. you do not have to provide a driver's license, or insurance. Even if you do choose that, which is unwise, you still don't have to physically give them the items. You're only required to "exhibit" the driver's license or insurance. And, if this lawyer is correct about non-custodial ... Then the interaction is called "consensual", because it's not custodial, it means you can simply stay silent, Windows rolled up, no answers to questions...

There is nothing reasonable about a police checkpoint, because there is no probable cause.

[DWCStuff]

A DUI checkpoint means check for papers?

[nakuvamp]

outside of giving license and insurance registration etc you don't have to do a damn thing hell legally you don't even have to acknowledge them, hand them the paper work and completely ignore any question

[gregdouglass]

That means you're not obligated to stop for that BS...

[Gala_Baba]

I’m glad the police conduct these DUI checkpoints. I’ve known too many people who have died because of drunk drivers. The checkpoints are proven to deter potential DUI accidents. The officer’s job is to keep the community safe. As long as he sticks to his permitted duties, operates within his capacity, and minimizes the interaction, I am okay cooperating with them. The issue I see with many officers is that they sometimes act like they own everyone. 😏

[JoeBilello]

Hasn't The Supreme Court deemed these stops illegal?!?!?😮

[jamesmckenzie]

You do have to answer simple questions that the officer asks. However, you don't have to answer direction questions nor "having you been drinking tonight". I knew someone who was stopped at a checkpoint and didn't know tags were expired. They got off with a simple warning as the address the renewal paperwork wasn't their current address and they had moved in the last 60 days.

[stevethesaint]

Unless you are accused of a crime or they have a articulated reason to suspect you of a crime in most states you do NOT have to provide id at a dui check

[EllieA-sfne]

I always had this question: if the 5th amendment is protection against self incrimination... doesn't it mean that invoking the 5th you are admitting that you are guilty?

[fish]

Can't you just take the 5th, , , and remain quiet..they can't hold you forever....anyone??

[megotwood]

But if it’s not custodial then it’s total BS. If your not in custody than you have no need to stay.

[michaelwarrell]

It's funny how is not considered a custodial interrogation keyword Try driving off and watch what I mean either you're in custody or you're not but it seems like they want to be on the fence on that one. Because if you can't just drive off and keep going then logically you're in some kind of custodial or detention hold