Originally Posted By: Cujet
Originally Posted By: JHZR2
Perhaps, but the kid still was baiting and somewhat rude to the point that he created his own proably cause (likely on purpose to get hits and make money on youtube).
Neither group is innocent here...
Attitude is not a crime. I don't agree that being stopped, detained and questioned is in any way Constitutional.
The only party at fault here are the government agents. And we both know it. There was no reason to stop and question this guy.
No reason? Maybe, maybe not. But the law, which the guy in the video cited, is that he has to stop at the checkpoint. His behaviors indeed cause him to look suspect.
You and I shared the same basic beliefs when I was griping about airport mm-wave irradiation machines, remember this six-page thread:
http://www.bobistheoilguy.com/forums/ubbthreads.php?ubb=showflat&Number=2435591&page=1
But I definitely think that if he had rolled the window down, as opposed to baiting the cop by having a telltale suspicious behavior, that there would have been zero issues. Even motorists.org, which is big on showing and retaining/defending your rights when on the road and stopped, admits that refusa to drop a window will "heighten" the officer's suspicion.
So lets play this out:
-Refusal to drop window to allow officer to observe odors. Creates reasonable suspicion.
-Officer then requests breath test to verify due to reasonable suspicion. Driver can refuse.
-Double refusal opens window to arrest on probable cause.
What a stupid situation, but I cant say that if I were the cop, and I saw this situation, that I wouldnt have suspicion of the person who is playing this game. I think it is very reasonable for an officer to be suspicious to this kind of behavior at a DUI stop. I cant stand the concept of DUI stops, but then again, I cant stand the thought of drunks of drugged up people on the road, which is why these exist, and why being able to evaluate via the window is important - inability to do so is suspicious, no matter how one plays it.