Archive for the ‘Checkpoints’ Category

Just when you thought DUI roadblocks couldn’t be any more ridiculous…

April 1, 2013

The B.A.T. vans don’t work. Big surprise, huh.

And what happens when maybe 100’s of people are tested inaccurately and plead guilty or are convicted of DUI and the prosecutor knows that the BAT vans don’t work. They plead the 5th, in front of the grand jury.


It just keeps getting worse!!!

September 11, 2009

Cape Coral – A 72-year-old man says he passed a breathalyzer but was arrested for D.U.I. anyway.
Police say there were traces of some type of substance in his urine but Vincent Tallo says that’s impossible.
“I’ve served my country, my record is clean and this is how I’m treated,” said Vincent Tallo.
Tallo was arrested at a D.U.I. checkpoint on Friday.
He and friend Mary Debenedetta were on their way home after a night of dancing.
“I bought a bottle of beer and sipped that bottle for two hours,” said Tallo.
The couple pulled up to the checkpoint and was approached by an officer.
“He asked me–had I been drinking, I told him I had one beer,” said Tallo.
Tallo said he had to follow the officer’s finger with his eyes and do a few more field tests.
“He told me to stand on my right foot and put my hands at my side. He said, Sir, you are arrested for D.U.I.–I said what? I requested the breathalyzer,” said Tallo.
Tallo said a female officer gave him the breathalyzer test and he blew a .000.
The 72-year-old was taken to a portable bathroom and asked to urinate in a cup.
“They’re doing a urine test– I said this guys a health-nut he doesn’t even take an Advil ,” said passenger Debenedetta.
Cape Coral police tell us the test can show twelve different drug classifications.
They say something showed up in Tallo’s test but they have to wait until the results come back from the state before they know exactly what it is.
Tallo traffic citation says “D.U.I.–pending urine”. The couple is now fighting the charges.
“I want other people to not go through this ever,” said Debenedetta.

Tallo was issued a citation and notice to appeal for “DUI — Pending Urine — Checkpoint,” the documents state. Due to Tallo’s vehicle being towed, he and Debenedetta walked to Debenedetta’s house, more than two miles away. SA office declined to prosecute.

UPDATE: The city has paid out nearly $41,000 total in two separate lawsuits where the Cape Coral police were accused of false arrests at DUI checkpoints. The city settled earlier this month with Vincent Tallo and James Wilhelm. On July 13, the city agreed to a $22,000 settlement with Tallo, while on July 15, it entered into a $18,750 settlement agreement with Wilhelm, officials said.

When are enough people going to insist that these aberrations of the United States Constitution be abolished? These checkpoints are so despicable, I cannot even control my temper. We had one of these checkpoints in Sarasota county over the weekend and the Leos made 9 DUI arrests (all of their arrests in 2008 were thrown out of court because of police misconduct at the checkpoints) and wrote 207 citations. How is it possible to write 207 citations if you are just asking people if they are impaired? What is wrong with us?

I’m going to throw up

August 25, 2009

What is the difference between this and the Gestapo or Writs of Assistance?

August 20, 2009

This is a Border Patrol checkpoint case. First thing, you have to realize is that these checkpoints are NOT on the border. They are operating these checkpoints up to 100 miles inland. (By the way, 100 miles includes the entire State of Florida).

I think I’m going to have to put my number one pet peeve as drug sniffing dogs. If you haven’t been following this case, you should. This case is a great example of the inch and mile rule. Give the Leos an inch…… State of Arizona v. Steven Anderson.

This dog handler testified that his dog was trained to detect the odor of humans and or certain narcotics. He couldn’t, however, say exactly what the dog was alerting to either humans or narcotics. He admitted that there was really no difference in the smell of  concealed humans and unconcealed humans. So, if a human is driving the vehicle or inside the car, the dog might be alerting to the smell of the driver. The drug sniff took place before the vehicle even made it to the stop sign or checkpoint. The Border Patrol spends upwards of $10,000 to train their drug sniffing dogs.

First, could someone please tell me why they just don’t use drug sniffing parrots. At least a parrot could testify in court.

Lawyer: Did you smell drugs in the car?

Parrot: Drugs in the car!!

Lawyer: When did you smell drugs in the car?

Parrot: Drugs in the car!!

Lawyer: Are you able to smell anything else, like for instance beef jerky?

Parrot: Drugs in the car!!

An American Hero

August 5, 2009

10855814_BG1Terri Bresi has more gonads than 1000 Leos. He has waged a one man battle against the creeping abuse of the 4th and 5th amendments perpetrated by certain forces of Leos. And last week he won a major battle. Read below the excerpts from his federal lawsuit. (See Roadblock Revelations for more info)

“We conclude that a roadblock on a public right-of-way
within tribal territory, established on tribal authority, is permissible only to the extent that the suspicionless stop of non-Indians is limited to the amount of time, and the nature of inquiry, that can establish whether or not they are Indians. When obvious violations, such as alcohol impairment, are found, detention on tribal authority for delivery to state officers is authorized. But inquiry going beyond Indian or non-Indian status, or including searches for evidence of crime, are not authorized on purely tribal authority in the case of non-Indians.”

“Applying this analysis to the present record, we reverse the summary judgment in favor of the Officers on the § 1983 claim. The record indicates that the Officers realized quickly that Bressi was not impaired. It is not clear from the record exactly when or how the Officers determined that Bressi was not an Indian. There is no dispute in the evidence, however, that the Officers, after stopping Bressi, did not confine themselves to inquiring whether he was or was not an Indian. Their general request for identification was permissible as part of that determination, but they specifically requested Bressi to
show his drivers’ license and immediately treated his refusal as a violation of state law. Once they departed from, or went beyond, the inquiry to establish that Bressi was not an Indian, they were acting under color of state law. These actions established, beyond any dispute of fact, that the roadblock functioned not merely as a tribal exercise, but also as an instrument for the enforcement of state law.”
– Bressi v Ford

Leo arrested at Checkpoint

June 27, 2009

Leon Young, who faces trial Aug. 4 on a misdemeanor charge of DUI, resigned from the police force rather than being terminated, according to a department internal affairs report.

Young, 40, was stopped at a DUI checkpoint set up on College Parkway on Jan. 24 by the Lee County, Florida, Sheriff’s Office. He was with the department since 2006 and had previously worked for the Lee and Hendry sheriff’s offices.

According to the documents, investigators made three sustained findings about Young — that he broke the law, that he didn’t conduct himself in a way that reflects favorably on the department and that he attempted to use his position as an officer to gain leniency with deputies.

The report states Young was arrested around 2:30 a.m. Jan. 24 in a Publix parking lot. He was “uncooperative, confrontational and became agitated” and also used racial slurs as he was being arrested.

Good thing this officer resigned because he is as dumb as a bag of hammers. If you check out my questions and answers on Florida DUI checkpoints (checkpoints are a pet peeve of mine as they should be to any libertarian), you’ll know that you don’t have to go through the checkpoint, it’s voluntary. You would think that at least the Leos would know this. The guidelines in any jurisdiction running these aberrations of the Constitution have to allow you at least one time to turn around after they notify you that you are approaching a checkpoint. In Hillsbourgh county, they actually have signs indicating where you can turn around to avoid the checkpoint. I asked them once, “Don’t all the drinkers just turn around?”, and they said to stick around for awhile. Drivers drove up after hitting the cones, they drove up and couldn’t navigate into secondary, they drove up and before the officer could say anything, they would admit to being drunk. In this instance, maybe the checkpoints serve a purpose. I’m surprised that investigators didn’t make a sustained finding of stupidity of Leo.

I’m going to try to get the video of this encounter at the Lee county sheriff’s office. This will probably demonstrate how even Leo’s get angry when their Constitutional rights are abused.