00:09Hi there. Hello. Can you roll your window down for me a little please? That's enough.
00:13What's that? I've rolled it down enough. You've rolled it down enough? Yes sir. I see. Okay,
00:17well we're doing a stop to UI checkpoint here tonight. And where are you coming from? Coming
00:21from work. Coming from work. Okay, any alcohol to drink? I don't answer questions. I'm sorry?
00:26I don't answer those questions. Okay. Well, I need you to step out of the car for me please,
00:30sir. Did I commit a crime? I'm sorry? Did I commit a crime? Well, I need to determine
00:35whether or not you've been drinking alcohol and the only way to do that is have you step
00:37out of the car. Okay, you can ask questions, but I'm not obligated to answer. Yeah, I was
00:41asking questions and you're refusing to answer them. So what I need to do is get you to step
00:44out of the car for me please. What's your name and personnel number? Hey, Sarge? Sarge?
00:58No. Gentlemen, refusing to answer questions and refusing to get out of the car.
01:05It's a UI checkpoint tonight, sir. I understand that. He says he only answers two questions,
01:09refused to answer any more questions, so asked him to get out of the car to ascertain whether
01:12it is you're drinking. He said no. Okay. Would you, uh, you don't want to answer our questions?
01:17No, sir. Okay. Come on out of the car. I'm not obligated to answer any questions at a suspicionless
01:25search, sir. Just come out of the car and talk with me. Did I commit a crime? Can you
01:29roll down the window? I can barely hear you. I can hear you just fine, sir. I can't hear
01:33you. It's loud out here. That's why I'm asking you. Thank you, sir. Do you understand what
01:39we're doing out here tonight, sir? I do. Okay. The trooper asked you a question. Basically
01:44asked you if you've had anything to drink tonight. Okay? For us to conduct our business, it asks
01:50for a response from you. Okay? Okay. Am I being detained or am I free to go?
01:55You're being detained at this point. It's a checkpoint. Under suspicion of what crime?
01:59It's a DUI checkpoint, sir. Are you suspicious that I've been drinking? Absolutely. That's
02:04what we're doing. The whole, everyone. Everyone is being stopped tonight. You had the opportunity
02:09to make a... What's your name and personnel number, sir? I'm sorry? What's your name and personnel
02:12number? My name is Sergeant Cook with the Nevada Highway Patrol. Okay? Okay. There's adequate signage
02:19up here that told you as you approached this that this was a DUI checkpoint, correct? That's
02:24correct. Did you see those signs? I did. Okay. You had the opportunity to turn or proceed.
02:31You chose to proceed through. Mm-hmm. Okay? So now you have to submit to our questions and
02:39that's it. It's a simple question whether or not... You can ask all the questions you want.
02:43I'm not obligated to answer, sir. Okay. That's what we're trying to determine is, yes, have
02:48you been drinking tonight? Okay? Do you understand that? I understand that. Okay. Are you a lawyer?
02:54I'm not a lawyer, but I am aware of my rights as an American under the Fourth Amendment. Okay.
03:01Well, obviously, you're not aware of it because you rolled up into a DUI checkpoint, which we've
03:06lawfully established. Okay? We have requirements to put signage at so many feet, okay? Which gives
03:14you the opportunity, if you don't wish to come through, to not come through. And you understand
03:20that? Yes, I do understand. Okay. So you chose to come through the checkpoint, okay? So all we are
03:26trying to ascertain is if you are, in fact, drinking and driving. Okay. And you can ask all
03:33the questions you want. I'm not obligated to answer, sir. Okay. Have you smelled anything on this
03:38over there? I wasn't able to smell any because he only had his window rolled down about that much. So
03:42he was basically uncooperative right from, you know, when he pulled up here. Okay. So
03:49I wasn't able to ascertain whether or not he'd been drinking. And I asked him a couple questions.
03:53He said he's only going to answer two questions. I asked him to step out of the vehicle and refused.
03:56Okay. Has he identified himself? He has not. Do you have a driver's license, sir?
04:00I do have a driver's license. May I see that? Sure. Thank you, sir. You're welcome. Do you have any
04:14weapons in the vehicle? Yes. Okay. Where is that? Just so I'm... It's on my right hand hip. Okay. As
04:21long as
04:21you don't reach for it, I don't have a problem with that. Okay. Okay. So are you still living on
04:26a rainbow? Yes, sir. Okay. So you understand what we're doing out here? We're not trying to
04:31harass you. Okay. This is just a simple DUI checkpoint. Okay. You roll down the window,
04:36we can smell inside the car. That tells us whether or not you've been driving. You understand that?
04:40I have been driving. I do admit to that. No, I mean drinking and driving. Okay. Okay. I mean,
04:45I'm not trying to be smart with you. It's been a long night. Okay. It's been a 14-hour day
04:49for me,
04:49sir. Okay. Well, understand that when you pull this kind of crap, and I'm going to call it crap,
04:54because if you roll up to a DUI checkpoint, follow up on your laws. Okay? I'm well aware of the
05:03law
05:03involving the DUI checkpoint, sir. You have the ability to stop me briefly and detain me for 25 or 30
05:10seconds. If you don't want to communicate with us, we can't determine, right? Right? So we have a job
05:19to do. Okay? I understand that. That's all we're trying to do. But obviously, you don't like us.
05:27It's not that I don't like the police, sir. I don't like being stopped while I'm trying to travel
05:32unmolested. I am in America. I shouldn't have to stop and give my papers. This isn't Nazi Germany.
05:37We're not in Mexico. Look at the laws as far as DUI checkpoint, okay?
05:43Mm-hmm. I have. Well, obviously... 1990, a ruling was made by the Supreme Court that you could stop and
05:50you could ask questions, but people are under no obligation to answer those questions. When you roll
05:54your window down like this, we can't answer those questions, okay? We can't ascertain whether or not
06:00you've been drinking and driving. It's a simple two-minute, if that, okay? So...
06:06Am I free to go or am I being detained? Do you have anything on this one?
06:10No, I haven't worked on it. No, I've hardly talked to him. Okay. I don't have anything.
06:14Have a nice night, sir. You too.
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