Few people know what their constitutional rights are when they get pulled over and officers know it. A video of a DUI Checkpoint in Rutherford County, Tennessee went viral after it was published by the libertarianrepublic.com. The video, filmed by Middle Tennessee State University student Chris Kalbaugh as he was stopped at a Tennessee Highway Patrol DUI checkpoint, showed Deputy A.J. Ross in a verbal altercation with Kalbaugh despite the fact that Kalbaugh broke no traffic violations and exhibited nothing to question his sobriety.
According to an article on USA Today, the video left out Ross' discovery of marijuana shakings in Kalbaugh's door handle and two marijuana seeds in his backseat.
Deputy Ross' intimidation tactics according to a statement from the Sheriff, are completely appropriate and in accordance with the force continuum, the system officers use to gauge the best reaction escalation to a situation. Continuum models were developed decades ago when the courts provided little guidance on use of force. They were used to explain "when" an officer could use a type of force instead of the traditional range courses that explained "how" to fire a pistol. The continuum models are not based in law and in fact may be in conflict to what would be considered "objectively reasonable" by the legal standards of today.
It's important to know how to protect yourself from excessive police force, even verbal force. Traffic stops are intimidating situations and officers are trained to get you to incriminate yourself. In short, Plead the Fifth!
This article is copyrighted by Travelers Today, the travel news leader