PDA

View Full Version : Can someone cite Roadblock rulings please?


nomidlname
01-07-2011, 2:55 PM
I need your help please. I need cites of the SCOTUS rulings (or any others) that would apply to roadblocks.

Tomorrow Washoe County Sherriff's dept is conducting an "Administrative Roadside Checkpoint"

According to the text of the press release "This checkpoint is being conducted to ensure that drivers are legally operating their vehicles pursuant to Nevada Law. While this is being conducted similarly to a DUI Checkpoint, the object of the checkpoint is to ensure operators have a valid driver’s license and have proper insurance and registration for their vehicles."

I will be rolling through this roadblock tomorrow while Open Carrying my lawfully owned firearm. I have a CCW as well but I feel it is necessary to stress all my rights in this instance. Hopefully I don't get killed. It is my strong belief that this roadblock is unconstitional in everyway. I will have at least one camera.

There is a law in the NRS statute allowing this road block but I think it probably should have been repealed? Please advise if you can. If you dislike OC I understand. I don't do it very often but I think it will be appropiate for this situation. I will do everything I can to make sure everyone is safe... including myself. NRS Statute listed below. I will also be posting this request on opencarry.com. I asked here because I know you guys are EXTREMELY knowledgeable in case law.

Oh yeah, I have been in contact with the deputy sherriffs. They are aware of my objections to this roadblock and are aware that I will be rolling through it. If anyone has any advise please don't hesitate to post or PM.

NRS 484B.570 Administrative roadblock: Establishment; minimum requirements.
1. The police officers in this State may establish, in their respective jurisdictions, administrative roadblocks upon the highways of this State for any lawful purpose other than identifying the occupants of a vehicle or because of the existence of an emergency.
2. To warn and protect the traveling public, administrative roadblocks established by police officers must meet the following requirements:
(a) The administrative roadblock must be established at a point on the highway clearly visible to approaching traffic at a distance of not less than 100 yards in either direction.
(b) At the point of the administrative roadblock, a sign must be placed near the centerline of the highway displaying the word “Stop” in letters of sufficient size and luminosity to be readable at a distance of not less than 50 yards in the direction affected by the roadblock, either in daytime or darkness.
(c) At the same point of the administrative roadblock, at least one red flashing or intermittent light, on and burning, must be placed at the side of the highway, clearly visible to the oncoming traffic at a distance of not less than 100 yards.
(d) At a distance of not less than one-quarter of a mile from the point of the administrative roadblock, warning signs must be placed at the side of the highway, containing any wording of sufficient size and luminosity to warn the oncoming traffic that a “police stop” lies ahead. A burning beam light, flare or lantern must be placed near the signs to attract the attention of the traffic to the sign.
(Added to NRS by 1969, 1495; A 1987, 1073)—(Substituted in revision for NRS 484.359)


NRS 484B.577 Authority of police officers not limited by provisions relating to roadblocks. The provisions of NRS 484B.570 and 484B.573 do not limit the existing authority of police officers in the performance of their duties involving traffic control.
(Added to NRS by 1987, 1073)—(Substituted in revision for NRS 484.3593)


NRS 484B.580 Failure to stop at roadblock; penalties.
1. It is unlawful for a person to:
(a) Proceed or travel through an administrative roadblock or a temporary roadblock without subjecting himself or herself to the traffic control established at the roadblock.
(b) Disobey the lawful orders or directions of a police officer at an administrative roadblock or a temporary roadblock.
2. A person who unlawfully proceeds through an administrative roadblock or a temporary roadblock shall be punished:
(a) If the person is the direct cause of a death or substantial bodily harm to any person, or damage to property in excess of $1,000, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(b) If no death, substantial bodily harm or damage to property in excess of $1,000 occurs, for a gross misdemeanor.
(Added to NRS by 1987, 1073; A 1995, 1298)—(Substituted in revision for NRS 484.3595)

GrizzlyGuy
01-07-2011, 3:00 PM
See here (http://www.calguns.net/calgunforum/showpost.php?p=4122673&postcount=105), those are my links related to checkpoints. You are in NV so the CA cases wouldn't apply, but the SCOTUS and 9th circuit federal cases would.

dieselpower
01-07-2011, 3:05 PM
tag for all the cool "am I under arrest, can I go now, I want to go freely on my way" videos

dustoff31
01-07-2011, 3:10 PM
I need your help please. I need cites of the SCOTUS rulings (or any others) that would apply to roadblocks.

Tomorrow Washoe County Sherriff's dept is conducting an "Administrative Roadside Checkpoint"

According to the text of the press release "This checkpoint is being conducted to ensure that drivers are legally operating their vehicles pursuant to Nevada Law. While this is being conducted similarly to a DUI Checkpoint, the object of the checkpoint is to ensure operators have a valid driver’s license and have proper insurance and registration for their vehicles."

I will be rolling through this roadblock tomorrow while Open Carrying my lawfully owned firearm. I have a CCW as well but I feel it is necessary to stress all my rights in this instance. Hopefully I don't get killed. It is my strong belief that this roadblock is unconstitional in everyway. I will have at least one camera.

There is a law in the NRS statute allowing this road block but I think it probably should have been repealed? Please advise if you can. If you dislike OC I understand. I don't do it very often but I think it will be appropiate for this situation. I will do everything I can to make sure everyone is safe... including myself. NRS Statute listed below. I will also be posting this request on opencarry.com. I asked here because I know you guys are EXTREMELY knowledgeable in case law.

Oh yeah, I have been in contact with the deputy sherriffs. They are aware of my objections to this roadblock and are aware that I will be rolling through it. If anyone has any advise please don't hesitate to post or PM.

NRS 484B.570 Administrative roadblock: Establishment; minimum requirements.
1. The police officers in this State may establish, in their respective jurisdictions, administrative roadblocks upon the highways of this State for any lawful purpose other than identifying the occupants of a vehicle or because of the existence of an emergency.
2. To warn and protect the traveling public, administrative roadblocks established by police officers must meet the following requirements:
(a) The administrative roadblock must be established at a point on the highway clearly visible to approaching traffic at a distance of not less than 100 yards in either direction.
(b) At the point of the administrative roadblock, a sign must be placed near the centerline of the highway displaying the word “Stop” in letters of sufficient size and luminosity to be readable at a distance of not less than 50 yards in the direction affected by the roadblock, either in daytime or darkness.
(c) At the same point of the administrative roadblock, at least one red flashing or intermittent light, on and burning, must be placed at the side of the highway, clearly visible to the oncoming traffic at a distance of not less than 100 yards.
(d) At a distance of not less than one-quarter of a mile from the point of the administrative roadblock, warning signs must be placed at the side of the highway, containing any wording of sufficient size and luminosity to warn the oncoming traffic that a “police stop” lies ahead. A burning beam light, flare or lantern must be placed near the signs to attract the attention of the traffic to the sign.
(Added to NRS by 1969, 1495; A 1987, 1073)—(Substituted in revision for NRS 484.359)


NRS 484B.577 Authority of police officers not limited by provisions relating to roadblocks. The provisions of NRS 484B.570 and 484B.573 do not limit the existing authority of police officers in the performance of their duties involving traffic control.
(Added to NRS by 1987, 1073)—(Substituted in revision for NRS 484.3593)


NRS 484B.580 Failure to stop at roadblock; penalties.
1. It is unlawful for a person to:
(a) Proceed or travel through an administrative roadblock or a temporary roadblock without subjecting himself or herself to the traffic control established at the roadblock.
(b) Disobey the lawful orders or directions of a police officer at an administrative roadblock or a temporary roadblock.
2. A person who unlawfully proceeds through an administrative roadblock or a temporary roadblock shall be punished:
(a) If the person is the direct cause of a death or substantial bodily harm to any person, or damage to property in excess of $1,000, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(b) If no death, substantial bodily harm or damage to property in excess of $1,000 occurs, for a gross misdemeanor.
(Added to NRS by 1987, 1073; A 1995, 1298)—(Substituted in revision for NRS 484.3595)



So in summary, the roadblock is legal under NV law. OC is legal under NV law. And so.......?

Why do I get the feeling we'll be hearing from you again. Probably shortly after you get out of jail.

edwardm
01-07-2011, 3:42 PM
So in summary, the roadblock is legal under NV law. OC is legal under NV law. And so.......?

Why do I get the feeling we'll be hearing from you again. Probably shortly after you get out of jail.

QFT. Unless you're being a complete douchebag, no Washoe County deputy is going to give .0004 seconds to care if you have a firearm in plain sight. I know this from having many, many positive talks with various deputies and sworn staff in their office. Unlike California, they tend to -as a rule- understand Nevada state laws and respect the rights of citizens.

Remember this - the checkpoint is not the place to hold a Constitutional argument as to the legality of the checkpoint - that's for court. It is, however, the right place to assert your associated rights, i.e. unlawful detention, refusals to consent to search and so on.

Be aware of your Federal GFSZ issues and other related restrictions, be smart, be polite and be informed.

nomidlname
01-07-2011, 3:54 PM
So in summary, the roadblock is legal under NV law. OC is legal under NV law. And so.......?

Why do I get the feeling we'll be hearing from you again. Probably shortly after you get out of jail.

Yes to both of your questions. However, it is my strong belief that while the roadblock is legal under Nevada state law it is uncontituional. This may not be important to you. It is to me. I find it offensive that law enforcement thinks they can stop anyone they feel like for no reason and demand their papers. Maybe you don't.

While you might hear the continuation of my story it's unlikely I will be asking for anything more than citations or rulings from Calguns. Calguns has enough issues dealing with California's own guns laws and it would be improper of me to ask for financial assitance if I went out and got my self in trouble.

Thank you for the assistance.

nomidlname
01-07-2011, 4:01 PM
QFT. Unless you're being a complete douchebag, no Washoe County deputy is going to give .0004 seconds to care if you have a firearm in plain sight. I know this from having many, many positive talks with various deputies and sworn staff in their office. Unlike California, they tend to -as a rule- understand Nevada state laws and respect the rights of citizens.

Remember this - the checkpoint is not the place to hold a Constitutional argument as to the legality of the checkpoint - that's for court. It is, however, the right place to assert your associated rights, i.e. unlawful detention, refusals to consent to search and so on.

Be aware of your Federal GFSZ issues and other related restrictions, be smart, be polite and be informed.

Thank you for the advise. I agree with your assesment of WCSD and their knowledge of the law. Which is why I find this action so disgusting. They, of all people, should know better.

I have a CCW so I might end up carring concealed (depending on location) which of course could possibly put my CCW in jepordy. Sherriff Mike Haley has the right to revoke it if he suspects that I am not an horonable person or whatever.

Thank's for the reminder about the GFSZ. I almost forgot.