this really burns me

[Xander]

One last question.
Which checkpoints are currently illegal in TX? I knew drug check points were illegal but arent there border patrol checkpoints (miles away from the border) still in effect?

Yes, border checkpoints are legal (they're specifically allowed by law) but no other checkpoints are specifically allowed by law, as far as I know. It's DWI checkpoints that I'm aware of being an issue. A judge declared them unconstitutional in 1994, and there have been attempts to introduce legislation to legalize them ever since, none yet successful.

[TDDude]

Driving is a priviledge, not a right and it's regulated by the states. The police can stop drivers for whatever reason they see fit. The correct answer is "Here you go officer, have a nice day."

If an officer asks for your driver's license, then the driver has to present it because it proves who the driver is and that he can legally operate a vehicle. If the driver refuses to identify himself, then what, is the officer supposed to simply say "Oh, that's ok. I'll catch you on your way home"?? Nope, you are going to jail.

I don't see what the issue is. The lady was an idiot and I wouldn't be surprised if it wasn't a setup from the get-go.

And oh yea, the moderator is a typically shock jock moron. He's probably a liberal who can't get listeners any other way.

But what do I know. I'm from Texas.

[Xander]

If it is a stop for a traffic violation then it is considered an arrest and in that situation you need to identify.

One point that I would like cleared up about this specifically is: "In a traffic stop, is everybody in the car considered 'lawfully arrested'? I wouldn't think so. I'd think, that since the driver is the one who was observed to have committed an offense, he would be the only one "arrested" and the passengers would merely be detained at that point. I don't know that for sure though. It'd be nice if one of our LEOs or lawyers could comment on that.

[Xander]

TDDude does have a good point...The police *could* do a checkpoint simply to check driver's licenses, and that, it seems to me, would be entirely legal. Unlikely, but probably legal.

[The Annoyed Man]

On the border control checkpoints, isn't that a federal matter and out of the state's control anyway? I don't have any experience with BC checkpoints in Texas, but I've been through them a whole bunch of times back in California, and they were always manned by Border Patrol personnel. On a side note, California also has state operated border checkpoints along certain interstates as they enter California. For instance Interstate 10, after it crosses into California from Arizona, has one such checkpoint. The one question I've been asked every time was whether I was bringing certain fruits or vegetables into the state. California has a HUGE fruit and vegetable industry, and they go to great lengths to protect it from invading fruit flies and Republicans.

[hankintexas]

What I find incomprehensible is that some people feel that acting like an excited idiot during a traffic stop is either an appropriate or useful way to protest laws they don't agree with. Seriously...That lady needed to grow up. Police checkpoints are legal in most states. Don't like them? Take it up with your representatives, or if you're determined to be arrested (and some protesters are) take the arrest peacefully, like an adult, and then fight it through the courts. It worked for Heller. It's worked to stop checkpoints in Texas since 1994. The lady in the video didn't do anyone any good, didn't advance any cause, other than a perhaps a campaign to make a fool out of herself.

Seems to me She should have given ID and then asked for the officers names. She could have fought it in court without the arrest. Why try to get arrested? I myself would not mind giving my ID to any officer who asks for it.

[lunchbox]

What I find incomprehensible is that some people feel that acting like an excited idiot during a traffic stop is either an appropriate or useful way to protest laws they don't agree with. Seriously...That lady needed to grow up. Police checkpoints are legal in most states. Don't like them? Take it up with your representatives, or if you're determined to be arrested (and some protesters are) take the arrest peacefully, like an adult, and then fight it through the courts. It worked for Heller. It's worked to stop checkpoints in Texas since 1994. The lady in the video didn't do anyone any good, didn't advance any cause, other than a perhaps a campaign to make a fool out of herself.

Seems to me She should have given ID and then asked for the officers names. She could have fought it in court without the arrest. Why try to get arrested? I myself would not mind giving my ID to any officer who asks for it.

the point is she should not have to fight this

[hankintexas]

What I find incomprehensible is that some people feel that acting like an excited idiot during a traffic stop is either an appropriate or useful way to protest laws they don't agree with. Seriously...That lady needed to grow up. Police checkpoints are legal in most states. Don't like them? Take it up with your representatives, or if you're determined to be arrested (and some protesters are) take the arrest peacefully, like an adult, and then fight it through the courts. It worked for Heller. It's worked to stop checkpoints in Texas since 1994. The lady in the video didn't do anyone any good, didn't advance any cause, other than a perhaps a campaign to make a fool out of herself.

Seems to me She should have given ID and then asked for the officers names. She could have fought it in court without the arrest. Why try to get arrested? I myself would not mind giving my ID to any officer who asks for it.

the point is she should not have to fight this

But is driving a right? How can they be sure she is legally entitled to operate the motor vehicle she is operating? I guess my good nature and attitude lets me blow this kind of thing off. I am hardly ever looking for trouble as she appeared to be. I also know when I am going to lose an arguement. Why prolong and intensify the situation? Just give the officer what he or she asks for and be on your way. Trust me, you will not win an argument in that situation.