4th of July DUI Checkpoint Video Goes Viral, Driver Feels Search Was Unconstitutional
A video posted of a DUI checkpoint the night of the 4th of July has now gone viral, as many are discussing whether or not the driver's rights were violated. 21-year-old Chris Kalbaugh believes his rights were violated after he was detained and his car was searched by police without consent.
It is common to see DUI checkpoints during the 4th of July holiday to help cut back on drunk driving, and on that particular night in Rutherford County, Tennessee, Deputy A.J. Ross asked Kalbaugh to roll his window down (it was already slightly cracked). Kalbaugh replied that the amount that his window was already rolled down "was fine."
This is where things got "uncommon."
Deputy Ross then asks Kalbaugh to pull over. Kalbaugh repeatedly asks if he is being detained, but as you will see in the video, the deputy never gives him an answer. Instead, he tells him to step out of the vehicle. Kalbaugh uses captions throughout the video to explain what is happening to him during the process.
After he keeps using intimidation to get me to do what he wants, all the officers surround my vehicle like I’m a criminal
After many questions from the officers, most of which Kalbaugh can be heard declaring as unconstitutional, an officer then asked Kalbaugh to search the vehicle. He did not consent. Deputy Ross then got a K-9 to sniff around the vehicle for drugs, and the rest can be seen in the video below.
There was speculation that Kalbaugh planned the confrontation. Here's what the 21-year-old said in a press release.
I wanted to show that I was not impaired and to get the confrontation over with. When I got out, he demanded my ID even though I didn’t break any laws or traffic violations. They also said they were going to search my vehicle because the drug dog ‘hit’ on the vehicle. I don’t do any drugs and I have never had any illegal substances in my car. When the officers said that the drug dog hit on my car, I became furious because I knew that was impossible. All of this happened because I did not want to lower my window all the way, which was completely legal.
Do you think the driver's constitutional rights were violated? Watch the video and comment below.