DUI Checkpoint Refusal First Time Auditor

before we get into the episode I would like to extend a friendly invitation to join us on our patreon community there you can find ad free uncensored and exclusive content you can't get anywhere else I would also like to draw your attention to the merchandise shelf below this video where you can get shirts and other apparel while further supporting this channel and helping us grow I sincerely appreciate all of your support for this channel and I look forward to the growth that 2020 will bring now let's dive right into the episode [Music] welcome to audit the audit where we sort out the who and what and the right and wrong of police interactions this episode covers DUI checkpoints vehicle inspections and firearms and comes to us from knowledge his powers channel be sure to check out the description below and give them the credit that they deserve let's dive right in and audit the audit on the night of February 20th 2014 auditor Ashton Wolin intentionally drove through a DUI checkpoint at the intersection of Dupree Road and King Arthur Drive in Woodstock Georgia where he was stopped by two unnamed Georgia State Patrol troopers I'm comfortable with it right there whether right there yes sir let me see you I was like I'm the door dude all right you want these backing wrong we're sensor sorry no what do you think cuz you can't hardly hear you that's why you roll the window down we're just out looking for drunk man we're not here to hurt you whatever that's fine thank you pull over on that side I just for what reason do you have to detain me to pull me over into secondary's there pull over outside the window vehicles but reason he's expecting we have committing a crime do what buddy have you suspected me of committing a crime the legality surrounding DUI checkpoints vary wildly from state to state and are subject to both state and federal regulations with some states such as Idaho Iowa Michigan Minnesota and others banning them altogether in the 1990 case of Michigan Department of State Police V sits the Supreme Court held that DUI checkpoints were not in violation of the Fourth Amendment so long as they serve a specific governmental interests are only minimally intrusive and follows specific guidelines each Police Department is responsible for drafting their own policies regarding checkpoints but must adhere to the minimum standards set forth by both federal and state law a question often asked regarding checkpoints is whether or not it is illegal to turn away from a checkpoint and avoid going through it there are no laws which prohibits citizens from avoiding a roadblock and the act of turning away from a roadblock cannot serve as reasonable suspicion for a traffic stop so long as no traffic infractions occurred the 1993 case of Jorgenson V state and the 2004 case of State v Hester addressed this issue in the state of Georgia and held that a crime must be suspected in order to stop a motorist and that the act of turning away from a roadblock is not a crime probably I will check attire they're looking what almost illegal all right where's like me to pool where would you like me to pull over behind that one so I'm being pulled into secondary because my tires might be illegal that's interesting Georgia vehicle code for 0-8 - seven four states that vehicles traveling on the roadway should have rubber on its entire traction surface at least one inch thick above the edge of the flange on the entire periphery and at least one sixteenth inch tread in all major grooves on the vehicle and one eighth inch tread in all major grooves on the front tires the troopers statement that the tire seemed almost illegal could be valid if the tread on the tires is significantly low that being said an eye test alone would not serve as sufficient evidence that a vehicle's tire spread is illegally low in order for an officer to cite a citizen under code four zero - 8 - 7 4 the officer would need to measure the tire's tread whether or not the tire tread is a valid reason for furthering the detention of mr. Wallen is covered later in this episode yeah thank Greg Oni license till same address I do sir that's it that one okay [Music] putting my car in park yes sir what does that mean yes sir I'd prefer to not get out of my vehicle [Music] he wants to show you they were slick out here your safety is that way you can see about getting you another tire that's it I mean is somebody scared to get out of my vehicle yes sir you are yes sir my scans allow I'm not scared of the law what you had in from I'm not hiding from anything sir okay why you scared get out because I feel safer you scared the dark maybe huh that might be yeah I believe y'all funny here mr. Wallen intelligently responds to the troopers unprofessional attempt to instigate a reaction by surrendering the conversational dominance to the trooper remaining calm and not allowing an officer's conduct to dictate your own emotions can serve to de-escalate the encounter and strengthen your case in a courtroom it is difficult to see but mr. Wallen has a firearm in the holster on his hip that he does not inform the officers of at any point during the interaction while it is a common misconception that citizens are required to disclose their possession of a firearm it is never a good idea to conceal a firearm from a police officer especially during a traffic stop where you may be reaching into your center console or glove box to retrieve documentation if at any point an officer perceives a potential threat regardless of the true intentions of the suspect it will only escalate the encounter and could result in the use of deadly force considering the skewed nature of the justice system the use of deadly force may be ultimately considered justified the case of falando Casteel who was killed by an officer after peacefully disclosing the fact that he had a legal firearm is a prime example of the grimmest of outcomes regarding firearms and traffic stops the officer who shot mr. Casteel was arrested but eventually acquitted of all charges no exercise of Rights is worth risking your life for and mr. Wallens decision to open carry a firearm into a roadblock was reckless and foolish how about hates Blanco talking about my girl turn your abla around I have no need to turn my blinkers on right now I have no need to turn my blinkers on right now he's doing a vehicle inspection he wants to take your vehicle turn your right blinker on thank you the turn your left blinker on it's a brakes tap your brakes car burst make sure you backup lights are working alright put it back bar it come around to the front take the front blinkers now yes sir the Georgia Department of Public Safety's policy on the use of road blocks states that road blocks must be implemented for a legitimate primary purpose which is to monitor and check driver's licenses driver condition vehicle registration vehicle equipment and other requirements of the Georgia motor vehicle and traffic code or to locate a suspected criminal likely to be in the area and that the purpose cannot be general crime detection while the troopers initially stated that the purpose of the checkpoint was targeted at drunk drivers the troopers are still within their authority to inspect any vehicle traveling through the checkpoint for equipment malfunctions and general safety hazards however the gtps is policy also requires roadblocks to be clearly identified as a checkpoint and according to mr. Wallen that was not the case another interesting fact is that the troopers never asked mr. Wallen if he had been drinking or attempted to ascertain his level of sobriety at any point during the interaction close in what way so I can change it each tire replace tire please you can shoot them Freeman D Hill trooper Mike Freeman note that I know no memory around you 484 265 yes sir no he was very professional I'd induct you had a good encounter all right so I guess I'm free to go I should have asked for name and badge number but they did the hand the license as he walked away kind of thing so I was not able to do so after all of the threats of citation and intimidation mr. Wallen was allowed to leave the scene without further incident and without being ticketed this was mr. Wolens first audit and although he claimed that he would be conducting audits on a regular basis after posting only ten videos he has since abandoned his YouTube channel the whereabouts of mr. Wallen are unclear and this interaction took place at a time where constitutional activism and recording police interactions was still a relatively new concept following this interaction mr. Wallen appeared on a radio show to discuss his encounter most of the call-in listeners on the show agreed with mr. Wallens actions with some outliers disagreeing with his tactics overall the troopers of the Georgia State Patrol get a c-minus because although they were within their authority to conduct both the checkpoint and the vehicle inspection the officers acted spitefully and unprofessional it is clear that the impromptu vehicle inspection initiated by the troopers was a product of mr. Wolens reluctance to fully roll down his window and it is very likely that the officers never would have extended the stop if mr. Wallen had complied with their request the subsequent fishing expedition of the troopers demonstrates a serious lack of professionalism and discipline and only serves to foster a divide between members of the public and law enforcement public relations is a major aspect of police duties and that relationship becomes impossible to maintain when officers prioritize their ego over their obligations to the public and to the law mr. Wallen gets an a-minus for being calculated well-informed and composed throughout the entire interaction while mr. Wallen did create a potential hazard by open carrying a firearm to a plan to traffic audit he did not break any laws and managed to successfully exercise his rights peace fully and strategically mr. Wallen remained calm and articulated his points without being rude or vulgar and refused to allow the troopers to intimidate him or affect him emotionally mr. Wallen did exceptionally well for his first audit and he took the time to be well-prepared by researching local state and federal laws regarding his interaction before actually committing to an audit the importance of being well prepared for an audit cannot be understated and mr. Wallens interaction is a great reference point for the proper conduct of civilians interacting with members of law enforcement let us know if there's an interaction or legal topic you would like us to cover in the comments below be sure to check out our patreon for more ad free uncensored and exclusive episodes thank you for watching and don't forget to Like and subscribe for more police interaction content [Music]

Channel: Audit the Audit

Views: 1,794,662

Rating: 4.8020616 out of 5

Keywords: amagansett press, first amendment audit, 1st amendment audit, auditing america, news now california, sgv news first, high desert community watch, anselmo morales, photography is not a crime, san joaquin valley transparency, first amendment audit fail, walk of shame, news now houston, police fail, 1st amendment audit fail, public photography, auditor arrested, police brutality, highdesert community watch, pinac news, cops triggered, news now patrick, east hampton

Id: qB76vO3aleg

Length: 13min 16sec (796 seconds)

Published: Sat Dec 21 2019

Reddit Comments

[u/maffick]

Good video, I like the thorough explanations of the law

[u/nombre1]

@ 7:20 "Mr. Rowland's decision to open carry a firearm into a road block was reckless and foolish".

​

No, it was his constitutional right. It might have been wise to notify the officers, but it was in no way irresponsible to exercise his 2nd Amendment rights, just as he is exercising his 4th Amendment rights to be secure from unreasonable search and seizure,

[u/nombre1]

"Is this a DUI checkpoint, or do you have probable cause to search the exterior of my vehicle?"