I just was made aware that law enforcement in Boone County are planning a DUI checkpoint event in the next few days. The article stated that, based on a decision by the Indiana Supreme Court, when stopped a driver is REQUIRED to provide name, address, and DOB or provide their drivers license. (State vs Gerschoffer) A comment regarding the event stated that drivers are not required to answer any questions nor submit to a field sobriety test. It was also stated the stop does not constitute and illegal search and seizure. And lastly, a driver is not required to go through the checkpoint and may take an alternate route to knowingly avoid it.
First, I don’t understand the purpose of the requirement to identify or provide a DL. Secondly, just speculating, I’m wondering how the conversation will go after the initial “Have you been drinking “ question has been asked and the driver refuses to respond or answer the question ?
I’ll admit I’ve watched my fair share of YouTube videos with police stops of this type. Generally the driver refuses to identify, the police get pushy, and there’s enough drama to make the episode entertaining in a sick voyeur sort of way. Eventually, with the driver remaining silent and “exercising their Fifth Amendment rights, the police allow the driver to be on their way while the driver proclaims his victory ”over the man.”
Why the requirement to identify ? Seems like a fishing expedition to me for more than impaired driving.
First, I don’t understand the purpose of the requirement to identify or provide a DL. Secondly, just speculating, I’m wondering how the conversation will go after the initial “Have you been drinking “ question has been asked and the driver refuses to respond or answer the question ?
I’ll admit I’ve watched my fair share of YouTube videos with police stops of this type. Generally the driver refuses to identify, the police get pushy, and there’s enough drama to make the episode entertaining in a sick voyeur sort of way. Eventually, with the driver remaining silent and “exercising their Fifth Amendment rights, the police allow the driver to be on their way while the driver proclaims his victory ”over the man.”
Why the requirement to identify ? Seems like a fishing expedition to me for more than impaired driving.