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Tennessee Murfreesboro: 4th of July DUI Checkpoint, Drug Dog, Bogus Alert, Search

Discussion in 'Checkpoint & Roadblock Information: State by State' started by YouTube, Jul 5, 2013.

  1. YouTube

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    As best I can tell, this is the orignal; lots of people have stolen/uploaded their own copies, I've deleted 16+ clones in our input queue ...

    The videographer misidentified the officer as a Tennessee state trooper. A.J. Ross is a deputy with Rutherford County Sheriff's Office, Murfreesboro, Tennessee.

    4th of July DUI Checkpoint - Drug Dogs, Searched without Consent, Rights Taken Away, while Innocent

    Tennessee State Trooper [Rutherford County Sheriff's Deptuy] AJ Ross orders me to pull over and get out of my car, bullies me around, gets the drug sniffing K-9, lies about me having "Illegal Dr...
    From: PurpleHat1991

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    He later updated the description of the video, which has now had 1.5M views:

    Published on Jul 4, 2013

    The officer orders me to pull over and get out of my car, bullies me around, gets the drug sniffing K-9, lies about me having "Illegal Drugs" in the car, searches without consent, and tells me that it is ok to take away my freedom. All while not being detained. All this harassment because my window was not lowered enough to his preference. I broke no laws whatsoever. All of this on a day that we are supposed to be celebrating freedom and liberty. At the end of the encounter, the officer did not want to give me his name when I asked him. After I repeatedly asked him, he finally gave it to me.
    Last edited by a moderator: Jul 6, 2013
  2. M

    M Muckraker Staff Member

  3. M

    M Muckraker Staff Member

    Speaking of pigs ...
    AJ Ross 44.jpg AJ Ross 33.jpg AJ Ross 22.jpg AJ Ross 11.jpg

    Rutherford County Sheriff's Deptuy A.J. Ross

    prime example of why so many of us no longer accord cops with "respect" as a matter of course​
    Last edited: Jul 6, 2013
  4. M

    M Muckraker Staff Member

    At 5:10 in the video ...
    AJ Ross & accomplice.jpg

    "But he's perfectly innocent and he knows his rights."
    "He knows the Constitution, sir."
    With this admission, the dumb pigs have pretty much lost any civil rights suit that might follow.
  5. M

    M Muckraker Staff Member

    And at 5:18 ...

    AJ Ross 55.jpg

    "It wasn't a very good alert."​

    They finally realized they were being recorded at 5:32.
    Last edited: Jul 6, 2013
  6. YouTube

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    This is another video from the same checkpoint. Although it displays a LivelLeak logo, I was unable to find the original video at LiveLeak.

    The abusive officer reportedly made him wait 15 minutes while he verified his license, registration, etc. Cop gets very annoyed at the drivers "attitude" as he consistently affirms his rights -- very unprofessional demeanor on the officer's part.

    DUI Checkpoint -

    Rutherford County, Tennessee -
    From: videonewify

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    Last edited by a moderator: Jul 6, 2013
  7. YouTube

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    TV news report:

    Rutherford Co. DUI Checkpoint Accused of being Unconstitutional - Erika Kurre

    Published on Jul 7, 2013

    A controversial video from a Rutherford County DUI checkpoint on the fourth of July is grabbing national attention and has sparked reaction from the Rutherford County Sheriff's Office. The midstate college student who got pulled over claims they violated his constitutional rights.Nearly 2-million people have viewed the video since it was posted Friday morning, after appearing on reddit.comThe narrated video shows MTSU student Chris Kalbaugh, a member of the Rutherford County Liberaterian Party, pulling up to a DUI checkpoint in Murfreesboro on the 4th of July. After Kalbaugh refused to roll his window down any further, the officer who The Tennessean identifies as Rutherford County Sheriff's deputy A.J. Ross tells him to get out of his car.Kalbaugh eventually did get out of the car.Later a drug dog sniffs the outside and after that, deputies search the inside.Deputies eventually allowed him to leave without giving him a ticket of any kind. The Rutherford County Sheriff's Office released this statement on their facebook page-- which has since been taken down-- saying We are looking into the matter to determine if there are any policy or procedure violations.The Liberatarian Party says in a press release today, the group encouraged members to record interactions with deputies if they went through a checkpoint after they became concerned about DUI checkpoints there.To see the online video in its entirety, click on the Fox Links tab to the left of this page and look for Murfreesboro DUI checkpoint.

    From: foxnashville

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    Last edited by a moderator: Jul 14, 2013
  8. Steve h

    Steve h Guest

    On police one, there are 140 comments about this video. The feeling I get is that the officers really don't like checkpoints very much. But also, I didn't read any comments that said that the leo in the video should have called the checkpoint supervisor to handle the "uncooperative" driver. All the proper operational plans that I've read specifically state that the line officers should refer a "out of the ordinary" compliant driver to the supervisor for the "greeting", and don't tell the driver to go to secondary because that just inflames the situation further.

    The supervisor handles maybe 2 or 3 of these per checkpoint? The supervisor should know the relevant case law that allows them to ask for driver licenses (Sir, I'm not going to run it through the computer, I'm just going to look to see if your license to drive is current and valid, the SCOTUS does allow us to do that). (Now, you dont' have to answer this question, it's perfectly within your rights to refuse to talk to me, but could you tell me if you've had any alcoholic beverages to drink this evening?) No. Ok fine, thank you sir, you are free to go. That's it, no problem. Why cause a big hassle when the officer doesn't have to because of his ego.
  9. YouTube

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    Point / Counterpoint?

    Abusive & very unprofessional behavior by A.J. Ross starts with interaction at 5:10.

    The description does confirm that the Tennessee Highway Patrol was present.

    July 4th DUI Checkpoint

    Published on Jul 11, 2013

    This is an unedited Tennessee Highway Patrol video of the interaction between Rutherford County Sheriff's Deputy A.J. Ross and a driver during a DUI Checkpoint July 4, 2013 at South Rutherford Boulevard in Murfreesboro.

    From: RutherfordCountySO

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    Deputy Dog A. J. Ross needs some training in basic Constitutional fundamentals. Asserting your rights by not talking to cops (5th amendment) and by recording cops' activities (1st amendment) do NOT give rise to reasonable suspicion.

    News Channel 5: THP Releases Full Dashcam Video Of Viral DUI Stop (July 11 2013)

    The video ended with the deputy explaining if Kalbough had just answered simple questions he wouldn't have been searched.

    "The best thing to do is just be honest. All I need is reasonable suspicion," Ross said.

    "Well, what gave you reasonable suspicion?" Kalbaugh asked.

    "The way you were acting, because you wouldn't even answer if you had been drinking or not - and then you're coming up with a video camera running. Yeah, that brings up reasonable suspicion," said Ross.

    "I have a right to do those things," the 21-year-old insisted.

    "You've got the right to learn a lot," Ross went on to say.

    It's time to put A. J. Ross out to pasture again, permanently.
    Last edited by a moderator: Jul 14, 2013
  10. YouTube

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    TV news report regarding the video.

    It was recorded by Chris Kalbaugh, a member of the Rutherford County Libertarian Party. According to Chris, the drug dog didn't actually "hit" on the car but rather jumped where his handler tapped on the car.

    Video Of DUI Checkpoint In Rutherford County Tennessee Goes Viral

    Video Of DUI Checkpoint In Rutherford County Goes Viral facebook.com/andrewbsheets ORIGINAL VIDEO Mayor's Office E...
    From: leonida sheets

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  11. YouTube

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    More coverage from Fox News Nashvile:

    Mixed Debate on Constitutionality of Rutherford Co. DUI Checkpoint - Erika Kurre

    Published on Jul 7, 2013

    The viral video of a DUI checkpoint in Murfreesboro has gotten about a half-million more views since this time last night. In it, MTSU student Chris Kalbaugh claims to catch Rutherford County Sheriff's deputies acting unconstitutionally. It's a point that has become debatable among those who know the law most.Lee martin is a DUI attorney in Nashville. He believes whether 21 year old Kalbaugh or anyone else in this video was in the wrong is a matter of perspective.The video begins as Kalbaugh pulls up to a DUI checkpoint in Murfreesboro with the camera on in his passenger seat.His fourth of July encounter with sheriff's deputy AJ Ross grows intense as Kalbaugh refuses to roll down his window further as requested.Kalbaugh tells Fox 17 that he's been advised by an attorney to not speak publicly about this video.A member of the Libertarian Party of Tennessee, which Kalbaugh claims to be part of, supports the claim that Kalbaugh's constitutional rights were violated.Deputies found no drugs, alcohol or impairment on Kalbaugh's behalf and he was never arrested.Martin says if turned into a civil rights violation case, it's likely not worth pursuing.But he's glad this video is in the public eye.Martin believes this video and the debate about it also highlights first amendment rights, specifically Kalbaugh's ability to post the video and spark mass media debate.

    From: foxnashville

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  12. M

    M Muckraker Staff Member

    Tennessean: Rutherford deputy in DUI checkpoint video once resigned post (July 9 2013)

    USA Today: Tenn. deputy in viral DUI video once resigned post (July 9 2011)

    A Rutherford County Sheriff's deputy [A. J. Ross] at the center of a controversy tied to a videotaped DUI checkpoint stop has in the past drawn the scrutiny of his superiors and once resigned from the office, a review of disciplinary records shows.


    Sheriff Robert Arnold's office has refused to comment on the video, other than to say Ross' actions are "currently under investigation."

    But sheriff's office records show that Arnold rehired Ross in November 2010, six years after the deputy resigned amid accusations that he lied about whether he had auto insurance after an accident.

    According to the incident report, Ross told the Murfreesboro police officer on the scene of the September 2003 accident that "he did not have his insurance card with him nor inside the vehicle he was occupying." "Mr. Ross, however, was very assuring that the pickup he was in was insured," the report states. Ross identified himself as a member of the Rutherford County Sheriff's Office and was not issued a citation, according to the report. The other man involved in the accident, after discovering the deputy's vehicle was uninsured, called authorities and demanded to know why Ross was not given a citation, the report said. The sheriff's office on June 22, 2004, recommended termination. Ross resigned June 23. In the letter to then-Sheriff Truman Jones, Ross said he hoped they would be able to talk in the future. Jones hired Ross in 2002.

    The office also suspended Ross for three 10-hour shifts for failing to appear in general sessions court in August 2003 for a DUI citation he issued, the disciplinary records show.
    Last edited: Jul 14, 2013
  13. M

    M Muckraker Staff Member

    Libertarian party of Tennessee: Press Release For Immediate Release: Statement Concerning DUI Checkpoint Video (July 7 2013)

    Statement Concerning DUI Checkpoint Video

    July 5, 2013
    Axl David

    RUTHERFORD COUNTY, TENN. On July 4th, members of the Rutherford County (TN) Libertarian Party became concerned about DUI checkpoints occurring in Rutherford County. Members were advised to record their interactions, should they find themselves going through a checkpoint during their routine travels. It was made clear that this would be done so in a way that was nonconfrontational and unobtrusive, but still in clear view of law enforcement.

    Rutherford County Libertarian Party member Chris Kalbaugh, who is the driver in the video, uploaded this video to Youtube and expressed his concern that his constitutional rights were violated. Literally overnight, the video became viral, largely due to the internet aggregate site reddit.com

    “I broke no laws and I made sure to be respectful the entire time while still exercising my Constitutional freedom. The officers would not let me leave but they would not answer if I was being detained,” said Kalbaugh, 21, of Murfreesboro, Tenn.

    Kalbaugh continues, “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. Later on when the officer tried to open my door and pull me out of my vehicle, I was glad that my window was only partially open. This video was not made to be disrespectful to law enforcement at all; there are plenty of great cops in Tennessee that do not believe in going outside of the law to take away Constitutional freedom. Having rights is not disrespectful.”

    The video, having gone viral, has raised the ire of the entire public. As evidenced on the Facebook page for the Rutherford County Sheriff and the Tennessee Highway Patrol, there is a large public backlash taking shape. The reddit comment section, which has just over 8,000 comments as of this writing, is full of users vowing to contact county officials and Sheriff Robert Arnold.

    “It’s sad that on a day that is celebrated for freedom and liberty, such a grotesque violation of both has occurred,” said Matthew Novak, Vice Chair of the Libertarian Party of Tennessee.

    “The Rutherford County Sheriff’s deputy trashing a lawabiding citizen’s constitutional rights on July 4th makes it clear that the very meaning of Independence Day has become lost on the law enforcement community in Rutherford County,” said Jim Tomasik, Chairman of The Libertarian Party of Tennessee.

    CBS 12: Libertarian Party member records DUI checkpoint interaction with Tennessee police, video goes viral (July 11 2013)
  14. M

    M Muckraker Staff Member

    Denial doesn't make it right ...

    Fox 17: Rutherford Co. Sheriff: Deputy Did Nothing Wrong in Controversial DUI Checkpoint

    Sheriff Arnold says deputy A.J. Ross had the right to stop and question Kalbaugh because of his behavior. "He kept doing things to try to raise the suspicion level of the officers and so therefore they had to check him out," says Sheriff Arnold.

    Sorry, Charley, but asserting your rights does not rise to the level of suspicion, and staged drug-dog "hits" on command don't help your case one bit. A well-trained, properly functioning officer would have had the driver on his way in minimal time without illegally searching his car.

    Sheriff Arnold says he also received a threat, and he now has additional security protecting his family. "I get a phone call that tells me that if I do not fire A.J., that they are gonna come cut my childrens' heads off," says Sheriff Arnold. Putting the threats aside, the Sheriff says his deputy protected the driver's rights, but also had a responsibility to do his job. The threatening calls to the sheriff's office have begun to taper off, but officers are still on alert. The Sheriff says many of the calls were made on untraceable phones.

    Cry me a song -- the threats are wrong, but so is abusing the people you are supposed to be serving. Your family shouldn't have to deal with this, but your own mismanagement and denial have contributed substantially to the problem.

    You should fire A. J. Ross. Your department's big mistake was rehiring A. J. Ross after your department got rid of him previously.

    When you hire someone else's bad cop (or in this case are so stupid as to rehire one of your own), what you get is ... a bad cop. Shocking, isn't it?
  15. M

    M Muckraker Staff Member

    Apparently the heat got so bad that the big tough boys at the Rutherford County Sheriff's Office couldn't take it & shut down their Facebook page ...

    Meanwhile the original video has exceeded 4,000,000 views!


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