gthomas
Enthusiast
They skirt around the 4th amendment by declaring that it's not "really" random. They do this by announcing on tv, radio or newspaper that they have this checkpoint set up, so technically, you "can" avoid them... and if you had the dumb luck of not seeing their notice, they will consider your stop voluntary, and if you refuse, that's probable cause.
Remember, time and time again, the courts have stated that it is NOT the police's job to protect you. Keep that .45 close!
Not cooperating is NOT enough for probable cause. If you read my above link, don't answer anything, just say I don't believe in these types of stops and I do not wish to discuss my affairs, and keep asking if you can leave.
I have been stopped, I don't answer, don't allow a voluntary search, and when they said they were going to get a dog, I merely said OK, and my lawyer will be reviewing so we can file a harrassment charge. I was let go at the 20 minute mark.
The only thing a cop can do at the stop in terms of search, is a visible search of what's in plain view. That's it, they cannot even move anything or go inside to look.