Wednesday, May 22nd, 2019

Police are Allowed to Stop motorists Who Avoid Checkpoints

Published on April 22, 2016 by   ·   No Comments

The Illinois Supreme court overruled an Appeals court that said making a U-turn to avoid a police checkpoint (roadblock) is not suspicious.“A divided panel of the appellate court agreed and found that, absent any other suspicious activity, the U-turn itself did not provide specific, articulable facts that a criminal offense had been or was about to be committed.”

“The majority concluded that defendant’s motion to suppress evidence should have been granted and reversed his conviction and remanded the cause to the circuit court for further proceedings.”

The State [police], appealed the ruling to the Supreme court and claimed that the totality of the circumstances supports a finding of reasonable suspicion and specifically points to:

  1. The “suspicious nature” of defendant’s “evasive maneuver”;
  2. The proximity of the maneuver to the roadblock;
  3. The day and time of the maneuver;
  4. The roadblock was well marked; and,
  5. The roadblock was not busy.

What police are really saying is:

Anyone attempting to avoid a roadblock is suspicious.
Turning around close to roadblock is suspicious.
Avoiding a roadblock at night is suspicious.
And finally, avoiding a roadblock that isn’t busy is suspicious.

Illinois, compared the defendant’s U-turn to the defendant’s “headlong flight” from police inWardlow. Sixteen years ago, the Illinois Supreme court’s ”Wardlow” ruling overturned an Appellate court ruling which said police can’t stop and search (stop-and-frisk) a person simply because they’re in a high-crime area.

This past March, I warned everyone that judges think that not answering a cops questions at a checkpoint is suspicious.

A Calif. Appeal court says, refusing to answer a cops unlawful questions is “unorthodox.

“The facts indicate that Richard Rynearson generally asserted his right against unlawful searches and seizures while the agents had difficulty determining how to respond to his unorthodox tactics.”

The court also claimed that standing up for ones Constitutional rights is not clearly established!

“We have not discovered nor been shown any authority supporting Rynearson’s claim that the constitutional rights he chose to stand on were clearly established. Accordingly, we conclude that these governmental officials, at worst, made reasonable but mistaken judgments when presented with an unusually uncooperative person, unusual at least in the facts described in any of the caselaw.”

Thing are getting so bad in America, police have begun setting up heroin checkpoints.

“After months of advertising, one of the most brazen Police State campaigns ever conceived began in Maryland last year. Police set up rolling heroin checkpoints as a pretense to detain, question, ticket and arrest pedestrians and motorists.”

The Supreme Court says a person’s “STRANGE MOVEMENTS” to avoid a police roadblock is suspicious.

“Here, we agree with the State that the totality of the circumstances supports a finding of reasonable suspicion.Defendant’s U-turn across railroad tracks just 50 feet before the roadblock is the type of evasive behavior that is a pertinent factor in determining reasonable suspicion. (a driver’s obvious attempts to evade officers is an appropriate factor in deciding reasonable suspicion);  (a person’s “strange movements” in his attempt to evade police officers contributed to a finding of reasonable suspicion).”

Fyi, police checkpoints are funded by DHS and the University of Berkeley. Click here to read how Berkeley received $14 million in grants from DHS to run checkpoints.

The Supreme Court also claims, making a U-turn at night is criminal!
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