4th Amendment Dead Ahead

Issue #12 – Thursday, August 7, 2014

By Carla Gericke

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. – 4th Amendment to the United States Constitution

The mission? Protect the peaceful people of New Hampshire from the Thin Blue Revenue Seeking Line. How? More than 30 liberty loving locals, Free Staters and others alike, spent Friday night, July 25, 2014, warning motorists in Manchester of a suspicionless “sobriety” checkpoint. New Hampshire boasts many quaint laws, including one that requires police departments to announce the date, time and place of DUI checkpoints.

Around 10 p.m. on this balmy summer evening, activists started lining up along Elm Street, the main thoroughfare from downtown. From our vantage point, the single-direction suspicionless checkpoint was tucked behind an incline, hidden from view to approaching motorists. A coincidence? As someone who has only been fined for speeding on a downhill, I think not.

Men, women, young, old, newbies, seasoned activists, some from Keene dressed in reflective gear and sporting radios, held signs to warn drivers: “Official Extortion Station Ahead,” “4th Amendment Dead Ahead,” “Remain Silent,” “Who Needs Probable Cause?” and “Swine Crossing, Turn Now.” As cars passed, drivers honked, passengers waved, people threw one handed peace signs from windows. Many cars turned to avoid the upcoming collection plate.

The previous weekend, in Seabrook, a suspicionless checkpoint yielded the following results: Out of 556 vehicles illegally searched, 9 driving-while-intoxicated arrests were made. As this Seacoastonline.com Letter to the Editor states: “While it sounds good that nine persons with a blood-alcohol concentration over 0.08 percent were off the streets, that means 547 innocent people were accosted and detained without probable cause and made to ‘show their papers’ in order to travel from one place to another.” On Friday night in Portsmouth, one man was arrested for DUI, one was cited for an open container, and two drug arrests were made.

And that’s the rub. These unconstitutional “sobriety” checkpoints cast their nets wider than their stated goal. Whether arresting drivers for blood alcohol levels above 0.08 percent really keeps others “safe” is up for debate, but arresting people for other offenses is de facto illegal. Another troubling aspect is these checkpoints are being funded by the federales. The past weekend’s Portsmouth checkpoint was funded with a $6,864 grant. The police department also received a second $6,864 grant approved for “DWI/DUI patrols,” which involve officers in cruisers looking for drivers who may be impaired by drugs or alcohol. Not to state the obvious, but isn’t that what they are supposed to be doing already?

In Manchester, only one officer engaged us, leaning out of his cruiser’s window to inform us not to stand in the road (we were in a marked parking bay). As things started to wind down, a driver made the fatal mistake of honking in support of our activism while changing lanes, doing so right in front of a squad car. Next thing: Blinding blues and reds. The motorist pulled over. A second squad car appeared, stopping in the right hand lane, blocking one lane of traffic heading towards the checkpoint. 15-20 activists came forward to observe the stop, many of us whipping out cell phones and video recorders, ready to catch the action on camera. We know the drill. The police know the drill. After all, I fought for that right all the way to the 1st Circuit Court of Appeals, and won. Instead of threatening to steal our cameras, or indeed, confiscating them as they have done in the past, the backup rookie simply said: Please don’t interfere while recording.

man pulled over for honking in support of CopBlocking activists at a DUI checkpoint which violates the 4th Amendment

Manchester police pulled over this motorist after he honked in support of CopBlockers. He was subsequently arrested. photo credit: Robert Mathias

Sadly, the driver ended up being arrested. During the exchange with the arresting officer, he answered questions he should not have. An activist handed him a “Know Your Rights” flyer through the open passenger window, but it was too late. A CopBlock activist from Keene escalated the situation, demanding a supervisor be called and engaging the police in a headstrong way. This, in my opinion, was a mistake. When doing street activism, especially when another person–not an activist–is involved, it behooves you to de-escalate, to figure out a way for the police to save face in order to inflict the minimum amount of harm on all concerned. As the handcuffed driver was being escorted to a cruiser, he consented verbally, on camera, to having one of us drive his car to his home, which was literally around the corner. The police refused to give us his car keys, so at least one tow truck operator got his piece of the pie that night.

Some activists went to the police station to try to bail out the man who was arrested, and almost got arrested themselves. Others resumed waving signs. On the plus side, during the traffic stop, the cruisers’ flashing lights deterred far more motorists than our sign waving had done. Nary a car passed, most turning as soon as they spotted the blue and red lights up ahead. Why? Because peaceful people don’t want to be hassled when going about their lives. Peaceful people don’t want to interact with the police. Peaceful people know a midnight encounter with the Thin Blue Line is probably not going to end well for them, or their wallets.

The Free State Project is attracting thousands of liberty activists to New Hampshire. Friday night’s activity is only one example of the many ways Free Staters are exerting their fullest practical effort to reduce the size and scope of government in New Hampshire. Find out more here in the coming months, and subscribe to the FSP newsletter.

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Carla Gericke is president of the Free State Project, a 501(c)(3) organization. Carla is a recovering Silicon Valley lawyer, and holds an MFA in creative writing. She speaks and writes about liberty, law, and the arts. The views expressed herein are her own as an activist, and do not necessarily reflect those of, nor are they endorsed by, the Free State Project.

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