Are Sobriety Checkpoints Legal? Look at Title 21 O.S. 540(B)

Posted in the Oklahoma City Forum

Comments
1 - 20 of 42 Comments Last updated Friday Jul 18
First Prev
of 3
Next Last
Curious

United States

|
Report Abuse
|
Judge it!
|
#1
Jul 6, 2011
 

Judged:

2

2

2

Take a look at Oklahoma Statute Title 21 O.S. 540(B). Link provided below:
http://www.oscn.net/applications/oscn/Deliver...

It looks to me like Oklahoma has a statute in place that makes sobriety checkpoints illegal. This statute is similar to a Wyoming statute that outlaws Sobriety Checkpoints in Wyoming.
ThomasA

Gadsden, AL

|
Report Abuse
|
Judge it!
|
#2
Jul 7, 2011
 

Judged:

3

2

1

Curious wrote:
Take a look at Oklahoma Statute Title 21 O.S. 540(B). Link provided below:
http://www.oscn.net/applications/oscn/Deliver...
It looks to me like Oklahoma has a statute in place that makes sobriety checkpoints illegal. This statute is similar to a Wyoming statute that outlaws Sobriety Checkpoints in Wyoming.
Why worry about the situation UNLESS you are going to try to drive under the influence and run the possibility of getting caught. It's not a matter if you will get caught ,but when! If you still insist, be sure to have a fat billfold handy. It's not only the fines and towing but your insurance rates will go out of sight. Is it worth it?
Curious

United States

|
Report Abuse
|
Judge it!
|
#3
Jul 7, 2011
 

Judged:

1

1

1

Its not about getting caught. I don't drink, so its not an issue of getting caught at all. Its about our constitutional rights. Our forefathers set up a plan for this country and our country has gotten away from that plan. Soldiers give their lives every year defending our constitution and way of life. Turning a blind eye or a deaf ear toward those who violate the constitutional rights of others is un American. Its our duty as citizens to question things in order to insure our children have a chance to live free.
just the facts

Oklahoma City, OK

|
Report Abuse
|
Judge it!
|
#4
Jul 8, 2011
 

Judged:

1

1

1

I don't know why you need a State Statute in the first place. Being able to travel freely on a public road, paid for with your tax dollars, without submitting to a search, showing papers, or someone sniffing your breath should fall under the Federal Constitution.
4th Admendment:
""The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.""
14th Admendment (section 1):
""No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.""
ThomasA

Gadsden, AL

|
Report Abuse
|
Judge it!
|
#5
Jul 8, 2011
 

Judged:

3

2

1

just the facts wrote:
I don't know why you need a State Statute in the first place. Being able to travel freely on a public road, paid for with your tax dollars, without submitting to a search, showing papers, or someone sniffing your breath should fall under the Federal Constitution.
4th Admendment:
""The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.""
14th Admendment (section 1):
""No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.""
When that was written, there were no cars and trucks capable of being driven at breakneck speeds by a person under the influence. There were no red lights for them to run and wipe a whole family with one moment of stupidity. There were no Dually and Surburbans to come over in your lane head on and take out your wife and the mother of your children. If you are trying to defend drunk and impared driving,the public is against you. You need to get you a big poster and stand on a street corner, Saturday or Sunday, with : I have the right to drive drunk and no one should have the right to stop me" Now let's see how many donations and how much support you get.
just the facts

Oklahoma City, OK

|
Report Abuse
|
Judge it!
|
#6
Jul 8, 2011
 

Judged:

2

1

1

WOW! what are you ranting and raving about?
No one is defending driving while drunk, and no one is saying you have a right to drive drunk.

You do have a right to go peacefully about your business and not be subjected to searches, detainment, and questioning without cause. It is called FREEDOM, and I'm not giving up mine.

Ever look at statistics from drunk driving check points? Thousands and thousands of cars stopped (1,000ths of people's right violated), and more people given tickets for broken tail lights, no seat belt, etc. etc. and only 1 or 2 people who are actually caught drunk.

I bet if SWAT teams just randomly kicked in doors at people's houses in the middle of the night and searched them, they might catch 1 or 2 drug dealers for every 1000 houses they raid. Want armed thugs to start doing that? Drugs are a problem, you know.
just the facts

Oklahoma City, OK

|
Report Abuse
|
Judge it!
|
#7
Jul 8, 2011
 

Judged:

1

1

1

Numbers from a recent week end long check point:

The Sheriff’s Office issued 134 citations: 34 for failing to carry insurance, 29 “other” citations, 25 for suspended/revoked license, 20 for child restraint, 13 for driver’s license restriction violation, five for seat belt violations, four for expired tags, three for unsafe lane change and one for speeding. The office also issued 24 warnings.

Oh, and 11 drunk drivers.

(YEA!!!! Let's give up all our Rights!!!)
No mention of how many people in total were completely innocent of anything, yet stopped and questioned.

Curious

United States

|
Report Abuse
|
Judge it!
|
#8
Jul 8, 2011
 

Judged:

3

2

2

Title 21 O.S, 540(B) was enacted in 1980 and the last time it was amended was 1998. This statute is also a part of many statutes enacted by the Oklahoma Legislature to limit governmental powers and potential corruption. Yet, roadblocks are established day after day by law enforcement when they are fully aware of the existence of this statute. How many other statutes are the citizens of this state unaware of that are potentially the same as this one? How many citizens are unaware their civil rights are being violated?

I don't defend drinking and driving in any way, shape or form. However, I don't support law enforcement taking advantage of citizens who are not educated about the law, their civil rights or who are not wealthy enough to battle the legal system.

We need to stand up for the rights we still have and question those who try to take our rights away. I personally don't want my great-grand children to have to worry about living free in this country that so many of our ancestors have given their lives to defend.
ThomasA

Gadsden, AL

|
Report Abuse
|
Judge it!
|
#9
Jul 8, 2011
 

Judged:

2

2

1

Curious wrote:
Title 21 O.S, 540(B) was enacted in 1980 and the last time it was amended was 1998. This statute is also a part of many statutes enacted by the Oklahoma Legislature to limit governmental powers and potential corruption. Yet, roadblocks are established day after day by law enforcement when they are fully aware of the existence of this statute. How many other statutes are the citizens of this state unaware of that are potentially the same as this one? How many citizens are unaware their civil rights are being violated?
I don't defend drinking and driving in any way, shape or form. However, I don't support law enforcement taking advantage of citizens who are not educated about the law, their civil rights or who are not wealthy enough to battle the legal system.
We need to stand up for the rights we still have and question those who try to take our rights away. I personally don't want my great-grand children to have to worry about living free in this country that so many of our ancestors have given their lives to defend.
They may not be around any way because some person under the influence exercising their rights you speak of, killed them. Drink all you want at home,the ball park, at the country club,or at the honky-tonk but when you get behind the wheel, it's everyone'e business to stop you in any method they choose.
Simon

United States

|
Report Abuse
|
Judge it!
|
#10
Jul 9, 2011
 

Judged:

1

1

1

ThomasA wrote:
<quoted text> They may not be around any way because some person under the influence exercising their rights you speak of, killed them. Drink all you want at home,the ball park, at the country club,or at the honky-tonk but when you get behind the wheel, it's everyone'e business to stop you in any method they choose.
What happens when you are the passenger of a vehicle who is arrested for public intox. at one of these checkpoints. Kinda makes having a designated driver seem pointless.
ThomasA

Gadsden, AL

|
Report Abuse
|
Judge it!
|
#11
Jul 9, 2011
 

Judged:

1

1

1

just the facts wrote:
Numbers from a recent week end long check point:
The Sheriff’s Office issued 134 citations: 34 for failing to carry insurance, 29 “other” citations, 25 for suspended/revoked license, 20 for child restraint, 13 for driver’s license restriction violation, five for seat belt violations, four for expired tags, three for unsafe lane change and one for speeding. The office also issued 24 warnings.
Oh, and 11 drunk drivers.
(YEA!!!! Let's give up all our Rights!!!)
No mention of how many people in total were completely innocent of anything, yet stopped and questioned.
Why was there ONE citation written??? Could it be that there were that many people not complying with the laws as written??? You can bitch and moan all you want to but those people were breaking the laws as written and got caught. BooHoo. Now if you don't like those laws, work within the system to have them changed but don't get caught breaking the law and then start looking for a easy way out.... Grow up!!!!
John Q

United States

|
Report Abuse
|
Judge it!
|
#12
Jul 10, 2011
 

Judged:

1

1

1

ThomasA wrote:
<quoted text> Why was there ONE citation written??? Could it be that there were that many people not complying with the laws as written??? You can bitch and moan all you want to but those people were breaking the laws as written and got caught. BooHoo. Now if you don't like those laws, work within the system to have them changed but don't get caught breaking the law and then start looking for a easy way out.... Grow up!!!!
Some people believe the 4th Amendment still stands for something other than a piece of paper used in the restroom by cops!! Everyone knows the cops break more laws than the ordinary people. I have been passed countless times by speeding cops who were on their way to the coffee shop.
Pot Smoker

Oklahoma City, OK

|
Report Abuse
|
Judge it!
|
#13
Jul 10, 2011
 

Judged:

1

1

1

Curious wrote:
Take a look at Oklahoma Statute Title 21 O.S. 540(B). Link provided below:
http://www.oscn.net/applications/oscn/Deliver...
It looks to me like Oklahoma has a statute in place that makes sobriety checkpoints illegal. This statute is similar to a Wyoming statute that outlaws Sobriety Checkpoints in Wyoming.
Very interesting Law...what is the "probable cause" that relates to every driver to conduct such a roadblock?
Curious

United States

|
Report Abuse
|
Judge it!
|
#14
Jul 10, 2011
 

Judged:

1

1

1

Pot Smoker wrote:
<quoted text>
Very interesting Law...what is the "probable cause" that relates to every driver to conduct such a roadblock?
There is no probable cause that can be associated with stopping every vehicle. Probable cause to stop a vehicle is supposed to be based on individualized reasonable suspicion. I think the Oklahoma Legislature passed a law back in 1980 to limit law enforcement to establishing roadblocks only for the reasons stated in this statute. I am sure that law enforcement is aware of this statute and have taken advantage of citizens lack of knowledge about this statute. They have established roadblocks at their leizure even though our state government intented to protect the citizens from roadblocks that are not allowed by this statute.

I believe law enforcement can establish roadblocks for someone eluding the police, an escapee or a known felon. Probable cause has to already be established for the person they are looking for in order for them to establish a roadblock.

Wyoming's statute is very similar to our statute. Below is Wyoming's statute:

7&#8209;17&#8209;102. Authority to establish.
"Peace officers may establish, in their respective or adjacent jurisdictions, temporary roadblocks upon the highways within this state for the purpose of apprehending persons reasonably believed by the officers to be wanted for violation of the laws of this or any other state, or of the United States, and who are using any highway within the state."

Wyoming don't allow roadblocks not based on probable cause. Texas don't allow them either because they don't have a statute in place that defines roadblocks. You can find most of this information on the national highway traffic and safety administration website under saturation patrols and sobriety checkpoints.

Educate yourself!! The more knowledge we have as citizens, the less they will be able to infringe on our individual liberties.
Curious

United States

|
Report Abuse
|
Judge it!
|
#15
Jul 10, 2011
 

Judged:

1

1

1

"7&#8209;17&#8209 ;102" is actually "7-17-102". I apologize for the copy and pasting error.
ThomasA

Gadsden, AL

|
Report Abuse
|
Judge it!
|
#16
Jul 11, 2011
 

Judged:

1

1

1

Simon wrote:
<quoted text>
What happens when you are the passenger of a vehicle who is arrested for public intox. at one of these checkpoints. Kinda makes having a designated driver seem pointless.
You can thank the druggies and gangstahs for that change in the law. To protect the officers,everyone has to get out. In days of old only the driver had to and you could sit in the car all the way to the impound lot.... We exercised our rights and rode in, they put the car down ,locked the gate and turned in the dogs until eight the next morning. No,NOT a good night with four drunks in a Chevelle having to &^% in beer bottles and fend off giant vicious dogs every time we rolled down the window. The worst part of the story was that we all knew our parents would be worried to death not knowing where we were...... they had been contacted by police and thought it would be a good lesson, as it certainly was....never again.
hmm

United States

|
Report Abuse
|
Judge it!
|
#17
Jul 12, 2011
 

Judged:

1

1

1

why do cops use roadblocks if they are not legal?
BCC

Montgomery, AL

|
Report Abuse
|
Judge it!
|
#18
Sep 14, 2011
 
Simon wrote:
<quoted text>
What happens when you are the passenger of a vehicle who is arrested for public intox. at one of these checkpoints. Kinda makes having a designated driver seem pointless.
If you are in a vehicle you cannot be arrested for public intox. The only way you would get arrested is, if you are yelling or throwing something out the window, or just generally disturbing the peace, ect.
BCC

Montgomery, AL

|
Report Abuse
|
Judge it!
|
#19
Sep 14, 2011
 

Judged:

2

1

1

John Q wrote:
<quoted text>
Some people believe the 4th Amendment still stands for something other than a piece of paper used in the restroom by cops!! Everyone knows the cops break more laws than the ordinary people. I have been passed countless times by speeding cops who were on their way to the coffee shop.
Coffe shop? seriously?
There's a generalization that shows your far too ignorant. Did you ever look into why police cars are speeding by you without lights on? The answer is that many jurisdictions have scrutinized the data, and realized that it is generally safer to speed and weave through traffic that is flowing normal, than it is to run with lights and siren and try to avoid vehicles, when some pull to the right, some pull to the left, and some do nothing when lights are behind them. They are far more unpredictable than vehicles traveling normally. So bottom line is, if the situation they are responding to is an actual bodily emergency, but not a threat of actual imminent death, it is generally safer to run to the scene without lights and siren. I also digress that you will find bad apples in every career field, so some* cops you see pass you, may be disregaurding the law for no reason whatsoever, but most i know care about the law just as much as you.
CKC

Oklahoma City, OK

|
Report Abuse
|
Judge it!
|
#20
Jul 3, 2012
 

Judged:

1

1

1

BCC wrote:
<quoted text>
Coffe shop? seriously?
There's a generalization that shows your far too ignorant. Did you ever look into why police cars are speeding by you without lights on? The answer is that many jurisdictions have scrutinized the data, and realized that it is generally safer to speed and weave through traffic that is flowing normal, than it is to run with lights and siren and try to avoid vehicles, when some pull to the right, some pull to the left, and some do nothing when lights are behind them. They are far more unpredictable than vehicles traveling normally. So bottom line is, if the situation they are responding to is an actual bodily emergency, but not a threat of actual imminent death, it is generally safer to run to the scene without lights and siren. I also digress that you will find bad apples in every career field, so some* cops you see pass you, may be disregaurding the law for no reason whatsoever, but most i know care about the law just as much as you.
I was on my way to a dunkin donuts one day. 4 mile drive on a straight main street.I have watched cops turn on their lights to run through lights and speed down this road. Initially I didn't think anything about it, until a couple minutes later I saw the same unit (the numbers on the car, and the same officer) at the dunkin donuts I was going into. Was he taking a police report, or catching a thief? No. He was standing there with 3 boxes of doughnuts, waiting on the boxes of coffee, flirting with the girl behind the counter, who I know. After the cop left I asked what he was doing there, she said he came to get the food and coffee. No tickets, no crime being committed, he was just in a hurry. If you are asking how I identified his unit number and the officer, that's easy. It was daylight and I am observant. I also worked for 3 years at a gas station, before all the pay at the pump stuff started. If I couldn'd give them accurate descriptions of drivers, cars, and plates, the stolen gas came out of my check.
Not everyone is ignorant nor arrogant.

Tell me when this thread is updated: (Registration is not required)

Add to my Tracker Send me an email

First Prev
of 3
Next Last
Type in your comments below
Name
(appears on your post)
Comments
Characters left: 4000
Type the numbers you see in the image on the right:

Please note by clicking on "Post Comment" you acknowledge that you have read the Terms of Service and the comment you are posting is in compliance with such terms. Be polite. Inappropriate posts may be removed by the moderator. Send us your feedback.

8 Users are viewing the Oklahoma City Forum right now

Search the Oklahoma City Forum:
Title Updated Last By Comments
OK Health Care Freedom Amendment, State Questio... (Oct '10) 45 min Joyce 71,490
OK The "English is the Official Language of Oklaho... (Oct '10) 7 hr ninn 11,283
Southwestern Christian University Expels Studen... 10 hr So What 445
Worst band in Oklahoma ? 23 hr Doug 2
i need black tar Sat buckeyelyfe 13
Oklahomans React To Executive Order Protecting ... Jul 24 Annaleigh 5
snapchat usernames! (Nov '13) Jul 23 Mariah 55
•••
•••
•••
•••

Oklahoma City Jobs

•••
Enter and win $5000
•••
•••

Oklahoma City People Search

Addresses and phone numbers for FREE

•••

Oklahoma City News, Events & Info

Click for news, events and info in Oklahoma City
•••

Personal Finance

Mortgages [ See current mortgage rates ]
•••