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Citing case law, Johnathan Travis Moore, or Travis Kasprowicz, a 31-year-old man from Vacaville driving the 2014 Chrysler 300, declined to provide his driver’s license after multiple requests from the CHP officer, according to the court filing.
A front-seat passenger, Ryan Tregaskis, 23, who was known to one of the police officers present, started filming the scene with a cellphone. Moore stated he had not been drinking, according to the search warrant.
“It is my opinion that Moore and Tregaskis conspired to enter this checkpoint to commit a crime, specifically with the intent to resist/obstruct and delay officers at the checkpoint,” Campagna wrote.
CHP Sgt. Diana McDermott said officers request a driver’s license at sobriety checkpoints “to ensure the highest level of traffic safety.”
“The reasoning was based on a study conducted by DMV which showed 33 percent of drivers with a suspended or revoked license have a criminal record and 85 percent of those drivers used their automobiles in the commission of a crime,” McDermott said.
From here, ID laws only get more complicated. In Hiibel v. Sixth Judicial District Court of Nevada, the Supreme Court upheld state laws requiring citizens to reveal their identity when officers have reasonable suspicion to believe criminal activity may be taking place. Commonly known as “stop-and-identify” statutes, these laws permit police to arrest criminal suspects who refuse to identify themselves.
As of 2013, 24 states had stop-and-identify laws. Regardless of your state’s law, keep in mind that police can never compel you to identify yourself without reasonable suspicion to believe you’re involved in illegal activity.
I never understood this. If you are running an armed resistance that is fighting a deployed army then don't show your id. Papers, what ever.
If you are just driving in your city and encounter a cop that grew up in your town or city and is just trying to figure out if you came from elsewhere to cause trouble, JUST SHOW HIM YOUR DUMB ID.
If you are stopped in your car, DO...
DO show your license, registration, and proof of insurance when asked (you have to if you’re stopped while driving).
Hey, I agree. If they are ALREADY being unreasonable then do what you must. I disagree with not showing ID when crossing a border for example. What? A BORDER PATROL agent cant ask you if you are a citizen and for some ID?
I have been pulled over walking where I had weed and they just made me stomp it out and continue walking. The secret is TO BE NON CONFRONTATIONAL about people doing a job we all agree is important.
originally posted by: buster2010
It depends on state law. In some states they have passed laws that say you have to produce ID when asked. People that is telling everyone you don't have to show your ID is just plain wrong.
But how far does that go? IS a DUI checkpoint, or even a checkpoint verifying license and insurance, violating the concept of 'innocent until proven guilty''?
I think I will leave others to challenge that concept, I have too many things to fight as it is.
originally posted by: NoCorruptionAllowed
a reply to: buster2010
Many state lawmakers and state representatives don't care about the constitution. They only care about their parties agendas and mandates, and the constitution is always getting in the way.
originally posted by: Jennyfrenzy
a reply to: GoOfYFoOt
My town does them in the middle of the day, that's why I'm always a little curious as to why they're really there. Wouldn't a DUI checkpoint make more sense at say 10pm vs 6pm, when people are returning home from work? My suspicion is that they're looking for illegals, the town I live in depends on and is world renown for it's grapes.
originally posted by: tinker9917
While these checkpoints may be a pain, I'd rather do this than go to a love-one's funeral due a drunk driver.
Whether it's legal or not, I don't know.