Highway patrol rule lets people avoid checkpoint

A trooper stops a woman operating a motor vehicle within the state’s definition of commerce (Photo Clarksvilleonline)

The Tennessee Department of Safety in its general order No. 410-1 says people do not have to go through roadblocks, and that they may avoid roadblock without drawing special attention to themselves.

By David Tulis / 92.7 NoogaRadio

The provision is on page 5 of a six-page memorandum and says the following.

A motorist who chooses to avoid a checkpoint should be allowed to proceed unless traffic violations are observed or probable cause exists to take other action.

general order No. 410-1

There is no requirement that anyone go through a checkpoint and have one’s rights violated.

The supreme court in three opinions allows the unconstitutional practice, but creates a so-called balancing test between the rights of the citizens and compelling state interest. No longer does the court busy itself protecting the people and their clearly enunciated rights. It is all about reducing those rights to enable the state and facilitate the state’s operation, surveillance, and enforcement powers.

In this provision, part of a checkpoint checklist, the officer is told that the motorist “should be allowed to proceed” with two qualifications. His moves to pull over, or turn around, cannot be done in a way that causes danger for others or violates any traffic rules.

And No. 2, the notice he draws himself cannot create probable cause for a transportation stop. In other words, if the motorist turns around and exposes a license plate against which a claim is held in the database of DOSHS, the motorist thus “gives probable cause” and the officer may take “other action.”

The David Tulis show is 1 p.m. weekdays, live and lococentric.

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