Government checkpoints continue to grow within the United States. DUI checkpoints, DHS checkpoints and border patrol checkpoints, miles and miles from the border.

In fact, the TSA even conducted 9,300 unannounced checkpoints on American roads in 2010,

http://www.secretsofthefed.com/how-to-refuse-a-government-checkpoin...

Unfortunately, the average American has absolutely no clue what their rights are, specifically their fourth and fifth amendment rights.

While “No-Refusal DUI checkpoints” continue to pop up as well, the constitution is still the supreme law of the land. Americans who are aware of their rights have successfully and peacefully refused to obey checkpoint commands, often from government employees who have no grasp of what the constitution entails.

Although the court case United States v. Martinez-Fuerte allows for border checkpoints, footnote eight of the ruling states that the checkpoints must operate under US code 1357 which states that officers must believe a person is an alien before interrogating them, making the ruling contradictory.

In fact, Rio Grande Valley Sector Operations Supervisor Enrique Mendiola, Jr. said, “While an individual is not legally required to answer the questions, ‘are you a U.S. citizen and/or where are you headed,’ they will not be allowed to proceed until the inspecting agent is satisfied that the person being questioned is legally present in the U.S.”

The statement contradicts itself according to the US constitution. For an officer to hold you or “detain” you, he must have reasonable suspicion that you are committing a crime. Simply not answering questions does NOT provide probable cause or reasonable suspicion that you are engaged in illegal activity.

Although you can’t guarantee that checkpoint officers will understand the constitution, if you know what to say and do, you have a good chance of upholding your ever-eroding rights and being free to leave the checkpoint.

Never leave without being given permission. Never touch an officer. Do your own research. This article is for informational purposes only and is not legal advice. Check your local laws when it comes to how your state deals with checkpoints.

1. Depending on what type of checkpoint you arrive at, you will likely be asked a question like “are you an American citizen?” or “have you had anything to drink tonight?” Anything you say WILL be used against you. You first must respectfully decline to answer by stating “I decline to answer any questions,” or even simply asking “am I being detained or am I free to go?“

2. The officers will likely tell you that you have to answer their questions. Under the 5th amendment you have the right to remain silent and not answer anything.

3. If the officers refuse to let you leave, ask them “what crime have I committed?” They in turn will continue telling you that you need to comply. Keep asking them what crime you have committed and if you are free to leave. If they tell you that you haven’t committed a crime, ask them what suspicion or probable cause they have.

4. Depending on the checkpoint, the situation can go several different ways. Watch the below video to see different ways people have upheld their rights at checkpoints.

DUI Checkpoint Refusal

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