YOUR PAPERS PLEASE!
The Florida Highway Patrol has announced plans to set-up highway checkpoints to conduct so-called vehicle inspections! The question on every Floridians' mind is: "Is this legal? The answer is: "No, it is not legal. It is a Policy." Not only does this policy expressly violate Florida statutes, it also violates the Constitution of the State of Florida, and the Constitution of the United States of America.
FLORIDA LAW
Title XXIII
MOTOR VEHICLES 316.610 Safety of vehicle; inspection:
(1) Any police officer may at any time, upon reasonable cause to believe that a vehicle is unsafe or not equipped as required by law, or that its equipment is not in proper adjustment or repair, require the driver of the vehicle to stop and submit the vehicle to an inspection and such test with reference thereto as may be appropriate.
Here are exerts from the FHP's own Checkpoint Policy Manual showing the real reason for searching your vehicle.:
(A) If a vehicle must be detained for lawful purposes (i.e., driver has been drinking alcoholic beverages and displays signs of impairment, the driver cannot immediately locate requested documents, drugs or contraband are in plain view), the Checkpoint Supervisor will be informed of the reason and the detained vehicle will be directed to the Officer Contact Area (designated area of the shoulder, parking lot, etc.) by the Checkpoint Line Officer, or driven to the Officer Contact Area by the Checkpoint Line Officer if the driver displays signs of impairment.
(B) If the driver is arrested, or the driver is unable to drive the vehicle from the checkpoint (i.e., driver is impaired, vehicle is seized under the Florida Contraband Act, or other valid law enforcement reasons), arrangements shall be made by the Checkpoint Line Officer to ensure the vehicle is towed or removed from the scene per FHP Policy 11.04 – Vehicle Towing/Impoundment, and shall notify the Checkpoint Supervisor
When probable cause exists to believe that the driver or any passenger in the vehicle has committed an offense involving the possession or use of and contraband drug, the driver or passenger will be secured and processed in accordance with Florida law and local procedures for contraband drug offenders. Additionally, when reasonable suspicion exists to believe that the driver or any passenger in the vehicle has committed an offense involving the possession or use of any contraband drug, a K-9 officer may be requested to conduct a K-9 sniff of the vehicle in order to detect and locate contraband drugs.
This is the Florida Statute allowing cops to seize your car and own it:
(1)(a) Any contraband article, vessel, motor vehicle, aircraft, other personal property, or real property used in violation of any provision of the Florida Contraband Forfeiture Act, or in, upon, or by means of which any violation of the Florida Contraband Forfeiture Act has taken or is taking place, may be seized and shall be forfeited subject to the provisions of the Florida Contraband Forfeiture Act. In any incident in which possession of any contraband article defined in s. 932.701(2)(a) constitutes a felony, the vessel, motor vehicle, aircraft, other personal property, or real property in or on which such contraband article is located at the time of seizure shall be contraband subject to forfeiture. It shall be presumed in the manner provided in s. 90.302(2) that the vessel, motor vehicle, aircraft, other personal property, or real property in which or on which such contraband article is located at the time of seizure is being used or was attempted or intended to be used in a manner to facilitate the transportation, carriage, conveyance, concealment, receipt, possession, purchase, sale, barter, exchange, or giving away of a contraband article defined in s. 932.701(2). READ ENTIRE STATUTE
To add insult to injury the so-called Florida Highway Patrol Auxiliary is allowed to assist the real FHP in their Checkpoint Stops. This is a rag-tag bunch of police (buffs) or wannabees who are reminissent of Hitlers Brown Shirts:
(C) Uniform members of the Florida Highway Patrol Auxiliary may assist FHP conducting a checkpoint while acting under the direct supervision of the FHP.
Keeping in mind that all Roadblock Checkpoints set up in Florida, according to the Fl. Supreme Court, must conform to the strict guidlines in the CheckPoint Policy Manual or the whole checkpoint is null and void ,at least from a legal standpoint. With this said their is however,one possible and little known saving grace built into these illegal un- American Stasi-style Roadblocks and is stated as follows in the FHP's own manual:
"Signs or marked patrol cars with flashing emergency lights will be posted prior to the checkpoint to alert drivers and avoid startling the motorists. Motorists who choose not to enter the checkpoint will be able to turn around."
Using the word choose makes these Checkpoints essentially voluntary. A good guess would be that to keep from violating State Law as well as the Constitution of the United States the authors of this manual had to make their roadblocks voluntary,at least on paper. Unfortunately, in the real world of so-called law enforcement, the cops are rarely hindered by the law or their own policies. If you were to encounter a checkpoint don't expect this opt-out to be readily available. The half-baked and invariably ignorant cops attending this roadblock party either won't have an inkling of knowledge pertaining to above rule or if they are aware, will have set up the roadblock so as to make it difficult or impossible to utilize the turn-around option supplied courtesy of the Florida Supreme Court.
To add insult to injury the so-called Florida Highway Patrol Auxiliary is allowed to assist the real FHP in their Checkpoint Stops. This is a rag-tag bunch of police (buffs) or wannabees who are reminissent of Hitlers Brown Shirts:
(C) Uniform members of the Florida Highway Patrol Auxiliary may assist FHP conducting a checkpoint while acting under the direct supervision of the FHP.
Keeping in mind that all Roadblock Checkpoints set up in Florida, according to the Fl. Supreme Court, must conform to the strict guidlines in the CheckPoint Policy Manual or the whole checkpoint is null and void ,at least from a legal standpoint. With this said their is however,one possible and little known saving grace built into these illegal un- American Stasi-style Roadblocks and is stated as follows in the FHP's own manual:
"Signs or marked patrol cars with flashing emergency lights will be posted prior to the checkpoint to alert drivers and avoid startling the motorists. Motorists who choose not to enter the checkpoint will be able to turn around."
Using the word choose makes these Checkpoints essentially voluntary. A good guess would be that to keep from violating State Law as well as the Constitution of the United States the authors of this manual had to make their roadblocks voluntary,at least on paper. Unfortunately, in the real world of so-called law enforcement, the cops are rarely hindered by the law or their own policies. If you were to encounter a checkpoint don't expect this opt-out to be readily available. The half-baked and invariably ignorant cops attending this roadblock party either won't have an inkling of knowledge pertaining to above rule or if they are aware, will have set up the roadblock so as to make it difficult or impossible to utilize the turn-around option supplied courtesy of the Florida Supreme Court.
READ ENTIRE ARTICLE READ ENTIRE FHP POLICY MANUAL
"The corrupt cops at this illegal Florida checkpoint (see video below) managed to record their misconduct on video. We discovered the video during our representation of one person arrested at that checkpoint. Although the operational plan clearly stated that “every third (3rd) vehicle” was to be stopped, the video shows the officers consistently violated that one requirement. At some points the video shows officers stopping four or five vehicles in a row. Other times, two or three vehicles passed through at a time. If you watch the entire video carefully, it shows that 60% of vehicles were stopped instead of 33% which is a clear violation of the operational plan. The entire checkpoint was a waste of law enforcement resources because anyone arrested that night could win a motion to suppress based on the illegality of the stop." Tampa Attorney, Jason Sammis,
Illegal Checkpoint in Pasco County Florida Cops Caught Lying
"The corrupt cops at this illegal Florida checkpoint (see video below) managed to record their misconduct on video. We discovered the video during our representation of one person arrested at that checkpoint. Although the operational plan clearly stated that “every third (3rd) vehicle” was to be stopped, the video shows the officers consistently violated that one requirement. At some points the video shows officers stopping four or five vehicles in a row. Other times, two or three vehicles passed through at a time. If you watch the entire video carefully, it shows that 60% of vehicles were stopped instead of 33% which is a clear violation of the operational plan. The entire checkpoint was a waste of law enforcement resources because anyone arrested that night could win a motion to suppress based on the illegality of the stop." Tampa Attorney, Jason Sammis,
Illegal Checkpoint in Pasco County Florida Cops Caught Lying
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