Viral video raises questions about rights at DUI checkpoints - Action News 5 - Memphis, Tennessee

Viral video raises questions about rights at DUI checkpoints

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MURFREESBORO, TN -

(WMC-TV) - One Tennessee resident had a rude awakening when he was unexpectedly asked to get out of his car for a DUI checkpoint stop. The driver had a camera rolling, which the officer was unaware of during the checkpoint.

The video, that has gone viral, leads many to question whether or not the officer was within his rights.

"If you haven't done anything wrong then you don't have anything to hide. But at the same time people have rights to privacy and things like that," said Memphian Patrick Smith after watching the video.

Many YouTube users across the Mid-South have seen the video.

"I probably would have done what the guy in the video did. Especially if I didn't do anything wrong. At that point it's more like harassment," said Zach Gilliam.

However, legal expert David Raybin says the officers were within their rights.

"This guy is immediately becoming confrontational and non-compliant with the officer, for no reason. So the officer is allowed to escalate this a little further," said Raybin.

DUI checkpoints are legal in the Mid-South. The Memphis Police Department recommends drivers follow an officer's instructions in an effort to keep drunk drivers off the roads.

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