A video depicting a 21-year-old getting pulled over at a DUI checkpoint in Tennessee, which was posted on YouTube on July 4, went viral. The DUI Checkpoint recording was done in Murfreesboro by the Rutherford County Libertarian Party, and it's part of a campaign to demonstrate violations of constitutional rights. The driver, identified as Chris Kalbaugh, is questioned several times at the checkpoint by Deupty A.J. Ross.
After not rolling down his window all the way, Ross questions Kalbaugh, who replies “this is fine,” insisting that is was legal for him not to roll down his window entirely. When questioned about his age, Kalbaugh asks, “Is that a required question to answer?”
To which the Ross replied “Yes sir, it is.”
The textual overlay in the video explains that he was not necessarily legally obligated to answer that question. Ross then orders Kalbaugh, to pull over to the side, to which Kalbaugh again question’s the officer’s order, “Am I being detained or am I free to go?”
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After Kalbaugh asks the question, the deputy tells him to “pull over to the side right there” and attempts to open Kalbaugh’s car door, which was locked at the time. Kalbaugh’s vehicle was then surrounded by other officers, and then pulls over. He keeps his hands on the steering wheel, unlocking the car. Ross opens the door and takes Kalbaugh out of the car and question him. Ross asks Kalbaugh, “Do you know what the law is?”
To which Kalbaugh, explains he understands the requirement to stop at checkpoint, but also asserts “I am not required to answer any questions. I have Constitutional freedom to travel without being randomly stopped and questioned.”
After demanding Kalbaugh’s identification, an officer asks Kalbaugh if he can search the car, to which he declines.
A K-9 then sniffs the car for several minutes. After the dog jumps at the officer’s hand pointing at the window, they search the car for “illegal drugs.”
Kalbaugh alleges the dog was promoted to give “false alerts,” to justify searching the car.
While searching the vehicle, Ross is recorded saying “he’s perfectly innocent and he knows his rights.”
Moments later, another officer spots the camera and they turn it face down.
According to a press release by The Libertarian Party of Tennessee, Kalbaugh said, "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."
Rutherford County Sheriff’s public information officer Lisa Marchesoni told The Tennessean that officers are “looking into the matter to determine if there are any policy or procedure violations.”