Drug checkpoints

I went to Moab this past weekend and on the state line out on I-70 right after Grand Junction there were signs about drug checkpoints. There were three squad cars , one K-9 unit and one stopped pickup truck. Does anyone know if this is a thing, random checkpoints for CO folks crossing state line?

Fehim Hasecic wrote: I went to Moab this past weekend and on the state line out on I-70 right after Grand Junction there were signs about drug checkpoints. There were three squad cars , one K-9 unit and one stopped pickup truck. Does anyone know if this is a thing, random checkpoints for CO folks crossing state line?

Its a head fake.  The supreme court ruled out random searches for drugs in 2000.  What they are doing is looking for people who get off quickly, pull illegal u-turns, or pull off to the side of the road. If you drive normally they can't legally pull you over. There's this thing called probable cause that the police need.  Ignore it, if you get pulled over when driving normally and they try to search your car get a defense attorney whether you have marijuana on you or not.  I drove through it as well and googled the whole thing later on.    

Do a forum search for "checkpoints," and you will see this is not so unusual.

Yup. I blew through that checkpoint as well. They put the “drug checkpoint 1 mile-prepare to stop” sign right before the last exit. Then they pulled over everyone who go off at the exit. It’s an old trick and sad. Colorado’s neighbors are pushing back and the state patrol is stepping it up. Be careful out there.

Tim Lutz wrote:

This may be true for states, but the feds have a lot checkpoints on the southern border.

If you really want to evade the Man in a traffic stop, have your stash in a sealed box ready to be mailed with postage.  They can't legally open it.

There's a big difference between an international border crossing and an internal checkpoint. Internal checkpoints require probable cause. If you want a good laugh, go watch some internal Border Patrol checkpoint refusal videos on Youtube. 

Señor Arroz wrote:

There's a big difference between an international border crossing and an internal checkpoint. Internal checkpoints require probable cause. If you want a good laugh, go watch some internal Border Patrol checkpoint refusal videos on Youtube. 

Thanks Senor for the video links. 

But I did not get a laugh out of them. It is terrible that they attempt to detain people, knowing that they cannot do so legally.  

Immigration checks points can occur with in 100 miles of any border (land and sea). These are administrative checkpoints - one is not required to do anything other than slow down and stop, i.e. one does not need to reply to any questions. https://www.aclu.org/other/constitution-100-mile-border-zone

These are no different than DUi checkpoints which are also administrative.

As noted above the drug checkpoint signs are to cause people to something that gives the man reasonable suspicion which is a lower bar than probable cause and pull you over. https://thelawdictionary.org/article/definitions-of-probable-cause-vs-reasonable-suspicion/

https://www.avvo.com/legal-guides/ugc/things-to-consider-for-marijuana-users-in-and-around-utah

None of the above should be considered to be legal advise.

Jon Nelson wrote:

Thanks Senor for the video links. 

But I did not get a laugh out of them. It is terrible that they attempt to detain people, knowing that they cannot do so legally.  

Oh, I agree entirely about how shitty it is that the USGOV insists on violating the very constitution it's based on. But lots of the videos are quite amusing as the Border Patrol agents get flustered and some of the people refusing to comply are quite dramatic and humorous.

I've dealt with those same checkpoints before with nothing but a flat stare and "I'm going to go now." Never had a problem. 

Merlin wrote:

 The supreme court ruled out random searches for drugs in 2000.    

I wonder how the current court would vote on a similar case today. Let me guess, 5-4 in favor of random searches. 

I was a law enforcement officer in PA for 5 years.  I can not speak for Utah, however in Pennsylvania, if you wanted to have a dui checkpoint or any checkpoint, you had to right up an avidavit of probable cause.  This is just like a search warrant and needs to be signed by a judge.  It will state something a long the lines of , "we will only stop every 5th car, that contains 2 or more passengers between the hours of 1:00am and 2:00am.".   So if the state police or local police are doing this, there is a high probability that it is unconstitutional and any arrest made as a result of would be thrown out in court.  That being said, don't do drugs kids   

Just remember, without probable cause they will ask your permission to search your car. Some people say “well I have nothing to hide” or “if I say no, then they will think I’m guilty of something”.  The correct answer every time when they ask to search your car is “no thank you”.

s.price wrote: This is nothing new in Utah. I can date it back to 91. Know your rights.
And vote against those who would make this more acceptable

seems like pot rights stop at the border of Colorado, no?  I live on the border of WA and ID, same thing.  Best to keep stuff that is iillegal in the appropriate state.

I don't think the current SCOTUS would vote in favor of illegal or random searches. Just sayin'

The real problem here is one State that has "legalized" a federally controlled substance within it's borders and is adjacent to other States that haven't.

This then causes enforcement problems on a myriad of levels. Agencies are forced to discourage trafficking by these type of tactics because doing nothing would result in a massive inflow of illegal drugs into their state otherwise.

You can't "force" a State to not enforce, or to "legalize" because the State next door doesn't. And "popular opinion" is not law.

Technically, the Fed could swoop into CO and confiscate all the green sticky if they wanted too.

I could tell you all the solution to the problem but that wouldn't be any fun..... ;)

s.price wrote:

I am not referring to pot rights. But traveling across state borders should not lead to being harassed simply because of the color of plate on your car. 

Agreed. But it's an unfortunate symptom of a larger problem.

Obviously, "nothing to hide, nothing to fear" would apply here.

Checkpoints, being largely an inconvenience at that point, are simply just annoying.

Side note: I find the addition of the word "rights" after anything in contention in this country amusing.

Pete Spri wrote: seems like pot rights stop at the border of Colorado, no?  I live on the border of WA and ID, same thing.  Best to keep stuff that is iillegal in the appropriate state.

Recall also that every state that has legalized recreational pot also makes it illegal to transport pot out of the legal state.

Anyone bitching but not doing anything is not helping the problem.
If the police are overstepping boundaries then they need recorded, and that recording given to a watchdog or aclu.
At least, they have a record of said behavior.  At best, they will have to throw out a case against someone.
Help make America great again.

John Barritt wrote:

Agreed. But it's an unfortunate symptom of a larger problem.

Obviously, "nothing to hide, nothing to fear" would apply here.

There's a lot of justified fear of corrupt or violent law enforcement. So just because I've got nothing to hide doesn't mean I've got nothing to fear.

As stated above, the correct answer to ANY law enforcement request to search your body, your possessions, your boat, your plane, your car is "No, officer, you may not search my _____. I'm choosing to exercise my 4th amendment rights." 

Tim Lutz wrote:

If you really want to evade the Man in a traffic stop, have your stash in a sealed box ready to be mailed with postage.  They can't legally open it.

Unless they have "reasonable suspicion" and get a warrant. It's a crap shoot, and you face a federal felony charge.

​https://www.leafly.com/news/cannabis-101/mailing-cannabis-through-usps

Bummer to have to leave it at home when just driving through to Vegas. Anyone know of a good deal in the Vegas area? CO prices are so nice...

Jon Frisby wrote: Bummer to have to leave it at home when just driving through to Vegas. Anyone know of a good deal in the Vegas area? CO prices are so nice...

I believe dispensaries are opening up around town. It was cheap in CO and WA even before the market was saturated. 

Nobody can figure this out?

We are a self governing people. Yet we chose to bind ourselves with laws. For our own good.

The problem is: We have become a nation in which "the law of the land" is open to interpretation. The very government that should be bound by the rule of law chooses which laws it wishes to enforce and where it wants to do so.

Leaving the dirtywork to State law enforcement based on State law which "trumps" (no pun intended) federal law.

And so, a State like Oklahoma, in the middle of the country, with major interstate highways running north and south and east and west that are major drug traffic corridors are left to do what they can to enforce the law.

I'm sorry the OHP stopped you Steve....they are a good bunch of guys doing their best. But the simple fact is they are stopping traffickers bringing contraband from CO passing thru OK constantly.

As a nation, and on this matter specifically, all of our trouble comes from the "government" (us) allowing States to ignore federal law.

Imagine if CO decided heroine or meth was medicinal, or fine for recreation.....just for a moment put yourself in the position of the people you are complaining about.

How then would any of you decide to prevent the flow of something illegal into your State(s) that by virtue of the law you are sworn to uphold?

I have a solution but I'll let y'all ponder this on your own awhile.