Use This Card To Stand Up For Your Rights At Roadblocks
August 27th, 2008 Posted in DUI/DWI, Roadblocks
The 4th Amendment has been weakened significantly over the years in an effort to allow the use of roadblocks as a law enforcement tool. Fortunately, you still have rights should you choose to exercise them.
When citizens are faced with roadblocks, they may politely refuse to answer any of the officer’s questions. To make this more easy to do, you can follow this script to assert your rights*:
I refuse to talk to you until I consult with my attorney. I also refuse to consent to any search of these premises or any other premises under my control, or in which I have a possessory, proprietary, or privacy interest, including my car, my body, or effects. I hereby demand to immediately be allowed the reasonable opportunity to obtain the advice of my attorney by telephone.
I desire to exercise all my rights guaranteed by the Constitution of the United States and the Constitution of this state, to be free from your interference with my person or affairs.
If you attempt to question me, I want my lawyer present. I refuse to participate in any line-up or to perform any physical acts, or to speak or display my person or property at your direction, without first conferring with my lawyer.
If I am under arrest, I wish to invoke and exercise my Miranda rights. If you ignore my exercise of these rights and attempt to procure a waiver, I want to confer with my lawyer prior to any conversations with you.
If I am to be taken into custody, removed from my present location, or separated from my property, I request a reasonable opportunity to make arrangements to secure my own property. I do not consent to any impoundment or inventory of my property. I do, hereby, waive any claim of liability for loss, theft, or damage against you, your superiors or any other authority, and agree to hold all harmless therefrom, if I am afforded the reasonable opportunity to arrange for the safekeeping of my own property. If this reasonable opportunity is denied or is unavailable, I demand that only such intrusion occur as is minimally necessary to secure such property, hereby waiving any claim of liability for your failure to scrutinize the property or its contents prior to it being secured.
If I am not under arrest, I want to leave. If I am free to leave, please tell me immediately so that I may go about my business.
Roadblocks can be stressful to deal with and many people, initially intending to stand up for themselves, will bypass the opportunity if they are required to actually speak to the officer.
In order to make it easier for the average driver, we’ve put together a version of this assertion of rights for you to print out and put in your glove compartment or wallet.
If you come across a roadblock, simply hand the officer your driver’s license and this sheet of paper asserting your rights:
Wallet Size (fold it in half)
Download It (PDF)
Full Sheet
Download It (PDF)
* It’s important to note that in the DUI/DWI context, the right to counsel does not attach until “after” the decision on whether to submit to or refuse the blood or breath test.
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9 Responses to “Use This Card To Stand Up For Your Rights At Roadblocks”
By Ricky on Sep 17, 2008
Thank God for the National Motorists Association.i always like a group that cares and responds to violations of rights.you know its amazing that people who are hired-(police)- to protect our rights are also violating them everyday.well heres the kicker, while they also violate them, they also violate the laws of all their relatives and family.its interesting their relatives and family arent up in arms.also remember if you have a civil rights problem you can always go to the UNITED STATES JUSTICE DEPARTMENT CIVIL RIGHTS DEVISION and file a complaint.
By randy,orlando,florida on Sep 7, 2008
Thank God for the National Motorists Association.i always like a group that cares and responds to violations of rights.you know its amazing that people who are hired-(police)- to protect our rights are also violating them everyday.well heres the kicker, while they also violate them, they also violate the laws of all their relatives and family.its interesting their relatives and family arent up in arms.also remember if you have a civil rights problem you can always go to the UNITED STATES JUSTICE DEPARTMENT CIVIL RIGHTS DEVISION and file a complaint.i highly recommend this!.and remember the police are NOT as organized as you think.i have a website for you to go to to put the officers name and department online for all to see. http://www.ratemycop.com
you can remain anonymous.everyday you hear about police abuse to civilians, its interesting the police CANT EVEN police themselves.this story IS NOT about police bashing, its about bashing the BAD COPS.there are good cops out there.
By dedsmurf on Sep 3, 2008
never see nor been in a checkpoint in the USA. once or twice in Canada with the police looking for drinking and driving offenders but not here in the North East. I dont like the police, think they are an invasive para-military group and have become a serious threat to the security and privacy of the private citizen and perhaps national security as well. Why don’t they get the same or more scrutiny by DHS (also a joke) as private citizens? Why aren’t they subject to the same laws as regular citizenry? (don’t tell me they are as we have all seen rampant abuses).
By Jeff on Aug 30, 2008
What probable cause does any cop have to search your vehicle at one of these roadblocks? I thought the Supreme Court ruled on this several years ago? There was a case involving a driver from Iowa who was stopped for speeding. The cop decided to search the stopped vehicle and found some kind of drugs, if I remember correctly. The Supreme Court ruled the officer did NOT have probable cause to conduct the search because the speeding offense was unrelated to drug possession.
By Mike Zoril on Aug 28, 2008
I’m very thankful the NMA has put this together for us. It also got me thinking, so I did some research on the Internet; I encourage you to do the same as well. Do some searches on roadblocks/checkpoints and the 4th amendment on Google or YouTube and you’ll see what I mean.
Also, here is a very interesting website everybody should check out too:
http://www.checkpointusa.org
The individual who runs that website is protesting the checkpoints and is involved in a full blown lawsuit against the police.
By Myk Melez on Aug 28, 2008
The only roadblocks I’ve ever experienced where an officer questioned me are ones where the cops were looking for drunk drivers, but that situation is barely addressed by this article, and only by the cryptic footnote.
Without knowing how that affects my rights as expressed by this document, it makes no sense to print out this document and give it to an officer in that situation, which makes this article unuseful.
Could you please elaborate on how this document and the rights it expresses apply at a roadblock where the officers are looking for drunk drivers and might request a sobriety test?
By Kevin on Aug 27, 2008
For the sake of convenience, one might say that to be as polite as possible to the police during such a roadblock stop might allow one to go about their way with a minimum of hassle.
However, as a former peace officer, I disagree with that on principal.
Since the 1970’s, I have personally observed the change that has occurred in the behavior and attitude of the police, and the increased complacency on the part of so-called “civilians” with the changing attitude of the police, in general, in the cities and states in which I have lived during my life.
I think that it is imperative that people cease their complacency. I think that we are a few decades too late in calmly and rationally informing the police that we are aware of our rights, and in calmly, rationally, and reasonably asserting those rights.
It is sad and disturbing to me that what was once known as a peace officer has been corrupted and perverted into a “law enforcement officer”.
By HARRY HALL on Aug 27, 2008
CAN YOU USE THAT FOR TRAFFIC STOPS ALSO? HOW ABOUT DUI’S. I HAVE READ ON YOUR SITE YOU CAN REFUSE A BREATHILIZER TEST. IS THIS TRUE, AND WOULD THE STATEMENT APPLY TO THAT TOO? HARRY
By K on Aug 27, 2008
I want to start out by saying roadblocks are irritating and a waste of most people’s time. With that said, if you are just as polite as could be to an officer odds are they will look at your info real quick and let you on your way. Starting out by handing them that sheet, while our rights, is a horrible idea. You have just made yourself stick out where other wise you may not of. You will now likely get picked on by the officer and s/he will much more likely try to find probable cause to search you or at least just intentionally waste your time. Print this paper out and ONLY give it to the officer if you feel the officer has gone too far and is making you uncomfortable. Remember they are only doing their job and unlikely happy to be there any more then you are.