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Video: Driver Questions Deputy at DUI Checkpoint

July 09, 2013  | 

VIDEO: DUI Checkpoint Confrontation In Tenn.

A Libertarian Party member's recording of his interaction with a Rutherford County (Tenn.) Sheriff's deputy at a DUI checkpoint went viral following the July 4 stop.

Chris Kalbaugh, a 21-year-old Middle Tennessee State University student, repeatedly questioned the deputy's commands and initially refused to identify himself or roll down his window when first stopped. The video of the stop has garnered nearly 2 million views on YouTube.

A veteran Knoxville DUI attorney told WBIR that Kalbaugh should have immediately complied with the deputy's commands.

Deputy A.J. Ross ordered Kalbaugh to pull off to the side and later searched his vehicle, even though he later acknowledged Kalbaugh was "perfecetly innocent and he knows his rights." Deputy Ross used a K-9 and reportedly told Kalbaugh the dog's behavior gave him cause to search the vehicle.

Other media outlets have questioned Deputy Ross' personnel record, including USA Today's report about his resignation in 2004 after a sheriff's office investigation found he lied about having insurance for a vehicle during an accident. Deputy Ross was rehired in 2010.

Tags: Sobriety Checkpoints, Rutherford County (Tenn.) Sheriff, Search and Seizure, Fourth Amendment


Comments (13)

Displaying 1 - 13 of 13

fedtrnr @ 7/9/2013 4:14 PM

He did know his rights and the deputy's agency just paid for that liberal education. I guess we showed him....

Capt. Crunch @ 7/9/2013 6:22 PM

I don't think the deputy knew why he was at a DUI check point. When the punk said " am I detained " the answer should have been yes. If the punk did not comply with the deputy orders then it would be time to 'hook & book.

FNG @ 7/9/2013 10:58 PM

Crunch, what on earth would he be detained for? There was no PC.

Craig @ 7/10/2013 4:22 AM

Very professional capt.

Greg @ 7/10/2013 4:26 AM

And this officer and the crooked K-9 handler are doing us any favors? Bad attitude, didn't know the law and quickly went into thug mode...nice.

I was stopped one day driving my personal vehicle. I knew there was a speed trap, heck, they even announced they were doing it due to increased accidents on this one specific road. Anyway, I had the cruise control on 57mph (55 speed limit), was listening to a book on tape, had the top down and was going down the road. Speed trap and the officer flagged me over. I didn't show my credentials. "Do you know how fast you were going?"..."Yes officer, I do. I had my cruise control set, I knew you were here and are there any other questions? He stopped, looked a bit confused and told me to go ahead. If it was a young kid, he would have been screwed...they had a radar gun so they knew how fast I was going...such BS.

Frank @ 7/10/2013 8:06 AM

Really when can we get a police site that will only be for police? Speed trap really? FNG I hope you are not a cop. Greg go back and play video games leave this site. fedtrnr oh yeah you showed him, get off this site.

Henry Johnson @ 7/10/2013 8:35 AM

@Grreg: I am with you. I wish these police sites were only for law enforcement officers (current and retired).
From what I know, this is some type of DUI check point. This was apparently set up my someone, or a group, to "set up" an officer.
Please remember, always suspect that your actions are most likely being recorded now days.

Rick @ 7/10/2013 9:55 AM

I'm former LE and currently in the security industry. Calls for an LE only website only serve to justify the shouts of 'cover up' from the populace. Officers need to be knowledgeable and informed. If they aren't, then videos like this happen. A LEO should always be ready to provide an answer when challenged about their authority or what they're doing, I know I always was and I avoided situations like this by informing the subject of what I was doing and why I could do it. When LEO's get angry about it, it only escalates the situation and makes matters worse.

Bob@Az. @ 7/10/2013 11:00 AM

Guys, I'm sorry but I for one learn alot by some of these posts, both civilian and LEO. Isolating a site does nothing to help see some of the misconceptions that are held by those who don't work the Job. Lighten up and learn, then pass it on. Blues, Stay Safe.

Thor Odinson @ 7/11/2013 1:53 AM

As a retired LEO I can affirm that I had to work with many officers on some power trip. Say you have PC to pull a car over (you can't do it willy nilly). I asked the driver for his license. OK up to this point. Say there are 3 more people in the car. I asked (demanded) their DL's. Well, that issue has been to the appeals court and it's a no, no. I did it and nobody said a word (we had to have a BA, or BS to get the job). Did POST cover it?---NO Is there a limit to what a LEO can "order"--better believe it. Better stay OUT of that car!! Thor

jim @ 7/11/2013 12:40 PM

Frank and Henry, you can have a LEO only website when civilians can have a website that LEOs can't access. Comments like yours and videos like the above are why much of the public distrust you. And I strongly suspect that you are worthy of distrust. I love the 'go back and play video games' comment, like LEOs are more mature and intellectually superior to idiot civilians. In my experience, I've found the opposite to be the norm. Try remembering that, from a Constitutional standpoint (if that ever meant anything to you), your powers are derived from the people you are insulting.

Chief Thomas @ 7/11/2013 2:50 PM

I am both a Police Chief, in two villages and a libertarian member of the CSPOA, you should look them up they provide education for Peace Officers on the Constitution, because 95% of LEOs never learned the constitution to begin with. It is not entirely your fault that you do not know the parameters of your duties to uphold the constitution because you where never taught, however it is you responsibility to uphold it none the less, so educate yourself.
This stop was a clear and blatant violation, primarily because there was no PC, and all in all virtually everything that could have been done wrong was.
Learn from this and stay safe out there. Also visit the CSPOA.

Chief Thomas @ 7/18/2013 11:56 AM

State v. Steele, Ohio Supreme Court, June 18, 2013

This case establishes that an officer can be criminally prosecuted for abduction if he detains a person he does not suspect of criminal wrongdoing

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