Guest Post by Alex Berenson
And why the fight to protect our Constitution and our rights will never end
Last month, my rights were violated up close and personal.
I was driving home from New York City. 2 a.m. Sunday morning. Four-lane divided highway. Empty. I was exhausted, alone, and sober.
Ahead I saw a police sedan’s flashing lights. A drunk driving checkpoint. State troopers, not local cops.
I slowed, pulled up, lowered my window. Can I see your license?
I know sobriety checkpoints have been found constitutionally okay. In my opinion – which predates this interaction – they aren’t. Want to pull me over because I’m speeding, or failing to signal, or weaving? Have at it. Sure, no one drives the limit at 2 a.m. (or ever) on Route 9, but at the least I have committed a legal infraction.
But stopping me when I have broken no law – not even, in the famous words of Jay-Z, doing fifty-five in a fifty-four — and demanding identification?
That game should not be allowed in the United States of America.
Nonetheless, I handed over my license.
Have you been drinking?
Well, I’d had a beer at around 11 p.m. Three hours before. One beer. I’d actually been at my mother’s place. Earlier, I’d driven her to New York from New Haven, where she had gone to my father’s 60th Yale University reunion (they invite widows, which is nice). I had briefly stopped by my 30th.
I wanted to get back to my kids during the night, when I knew the city traffic wouldn’t be bad. I knew this would be the last leg of a lot of driving, and alcohol doesn’t mix well with quiet highways at night. So just the one.
I had a beer, I said. Maybe three hours ago.
I expected to be waved on. I was alone, I was cooperative, I had no open containers or alcohol of any kind in the car. And I can guarantee you I did not smell of alcohol.
But I’d said the wrong thing, because the trooper got very interested.
Just one, he said? Are you lying?
Nope.
People lie. What were you doing in Manhattan?
I told him, or tried to. By now I was nervous and stammering. Though I had done nothing wrong.
He waved me over to the two troopers ahead. They asked me the same questions and shined a flashlight in my eyes and told me I needed to take a roadside sobriety test.
Now, what I should have said at this point is, what exactly is your probable cause? I told you I had one beer three hours ago, you have no evidence I’m lying, that’s the end of this.
But the words “probable cause” never left my lips. I was nervous and looking at guys with hats on their heads and pistols on their hips at 2 a.m.
I didn’t argue. I pulled over.
—
I parked badly, at an angle, because I was nervous. The trooper told me to get out and I got out. I was shivering, partly because it was cooler than I expected, mainly because I was nervous.
I told him I was going to have a problem standing on one foot because of my drop foot. This was true, but as I was saying it I realized I probably sounded guilty.
He shined a flashlight in my eyes and told me he was going to move a pen side-to-side and I should follow it. I learned afterward this is called an eye stuttering or “nystagmus” test. Supposedly, your eyes will not follow the pen smoothly if you have been drinking.
The problem with this test is obvious. The I’m-watching-your-eyes-while-you-follow-the-pen game is extremely user-dependent at best, voodoo at worst.
Either way, if a trooper wants to take the next step and breathalyze you, he is going to say you have failed. Who are you are to argue? It’s his test, he is judge and jury.
After a few seconds more, the trooper lowered the pen and pulled out a little straw. Blow on this, he said.
He didn’t explain what he was doing or give me the chance to decline — though declining comes with an trip to the clink, at least you are having a conversation about your options. He more or less stuck the straw in my mouth.
I blew.
—
(Non-scene of the non-crime.)
![](https://substackcdn.com/image/fetch/w_1456,c_limit,f_auto,q_auto:good,fl_progressive:steep/https%3A%2F%2Fsubstack-post-media.s3.amazonaws.com%2Fpublic%2Fimages%2Fa94ca536-01e5-419b-a388-e48d14dd91bb_984x635.jpeg)
—
You blew zero-point-zero, the trooper said a few seconds later. (Told you I was sober. And that I could guarantee you I didn’t smell of alcohol.)
He sounded disappointed. (A cop would later tell me that he probably was, he’d been looking forward to getting me in the back of his cruiser.)
He gave me back my keys and I drove off.
—
I was furious when I got home. Furious when I woke up the next morning. My stomach is churning just writing this.
Furious at the cops for violating my Fourth Amendment rights against warrantless searches. And at myself for not standing up to them.
But the government’s coercive power is very, very real. And it metastasizes. It has to be checked constantly. Because the people in charge will always tell themselves they have good reasons to do what they’re doing. They all have good reasons your rights don’t matter.
You see where this is going.
I can’t do anything about that checkpoint. It’s over.
But I can do something about the fact that Andy Slavitt “asked” Twitter to ban me when he was a senior official at the White House in 2021 and kept “asking” until he and the Biden Administration and Pfizer’s board members got what they all wanted, my First Amendment rights be dammed.
The thing is, Berenson v Biden – my federal lawsuit over that 2021 conspiracy to silence me – isn’t just for me.
It’s for everyone who followed me on Twitter – and everyone I wrote about.
Including Simone Scott. A 19-year-old college student who died of myocarditis only weeks after receiving her second mRNA Covid shot.
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That tweet was viewed two million times – far more than the average cable news show.
By July and August 2021 my tweets were being viewed close to 10 million times a day. And my reach was only growing.
Until Slavitt and the gang forced Twitter to censor me. I still had Substack, and Substack was nice, Substack was great, but nothing I’ve written on here has ever been viewed two million times. Twitter gave me a worldwide audience.
Which is why they had to take it from me.
Missouri v Biden is gone (basically). But I have the standing – the proof of particular injury caused by particular conduct – those plaintiffs lacked.
And, with your help, I intend to show the Biden Administration – and the world – that the First Amendment still matters.
Fight back…..by any means necessary!
While probably a cover for something else seems the folks and farmers in Idaho are now going to get their water,there is some real fuck fuck afoot there and in the country,be ready!
Nice to be back,gone a couple weeks for work,a story perhaps worthy of post itself down the road when mission is finally done!
Enjoy the weekend all:
And as always,Prepper Cat is with you!
Why haven’t the nice white law abiding farmers in Idaho,
organized like the farmers in Holland and put a wood chipper full of manure where it would do the most good for the next crop, you know, the state capital steps.
B’cuz they’re Murkans with guns. The government is afeared of them. They’ll totally use those guns to resist tyranny. I’m super serial.
Or load up their rifles.
Be angry and git it! You used to be one of those ‘reasonable’ people who would suggest I take off the tinfoil hat, didn’t you? I’m with you even if you’re really late to the party and we’re on the other side for years and years. Now, git ‘em!
In the Soviet union, the police stop people all day long asking for their “papers”
Wanna solve drunk driving?
The police should simply ask the credit/debit card companies who buys a lot of alcohol regularly.
Then, set up the checkpoint outside the residence of the high volume alcohol consumers.
Bust the drunks when they try to back out of their driveway.
This way they are not treating everyone as a suspect, which is not close to constitutional.
But, doing what you suggest IS Constitutional?
Did you have a traumatic brain injury at some point?
I have one and I am not that stupid or wicked.
its sarcasm folks
Up here in Onterrible the OPP are now demanding you blow every time they pull you over. Last xmas when they were running a RIDE program near me they were making everyone blow and taking a mouth swab and testing for drugs as well. The penalty for refusing is the same as being charged with impaired driving. Supreme Court says it’s “for the greater good”
Canada has become a communist cesspool.
A Matriarchy.
Makes sense, with Trudeau being such a bitch, and all.
OPP are some of the worst. I was entrapped by one once, at age 19. Early earning experience that eventually helped me late in life. Never trust the police, always know your rights, and be prepared to defend those rights and yourself for even the smallest infractions. Ten traffic/parking violations, eight successful court defences representing myself. Not a bad record, but I could have done better.
holy fuck
column by scott ritter about the assange case –short and worth the time —
in the same week,2 parts of the formerly free usa kneecapped the 1st amendment —
America’s Dark Day – LewRockwell
While I’m not to wild about Berenson, I can sympathize with his experience and his nervousness, even though he had done nothing wrong.
A couple months ago was headed into town on a state highway. A truck was behind me and sped up to the point where I felt like it was on my tail. Instead of keeping my speed level and forcing him to pass me I was annoyed by the tailing so I sped up to about less than 10 miles over the speed limit but more than 5. I can’t remember the exact speed now.
Turned out it was a highway patrol truck and he pulled me over. A speeding ticket is no big deal but I was nervous anyway because you never know how they are going to treat you. He just gave me a warning and let me go. But I felt somehow entrapped.
OF course you were entrapped!
Why no article about the Trump appointees to SCOTUS who just annihilated the First Amendment?
.
No man is fit to rule another.
https://www.goodreads.com/author/quotes/2978257.Larken_Rose
Well, it’s great to have such a police presence. When you’re attacked, whether in a parking lot and some street-life wants your wallet, or a recently imported gang member wants to gain street-cred at your expense, the police will be there for you. Won’t they?
“the police will be there for you. Won’t they?”
That’s a fantastic question Captain,and the answer is yes…..,yes,the police will be there!
When you defend your life and perhaps others by any means necc. the police will be there to arrest YOU for engaging in such hideous actions,hope this helps!
I guess I was wrong, thinking the /s wasn’t necessary.
Lots of us can not read real fast. Then, the /s won’t be necessary. Maybe.
They are getting quite experienced at drawing chalk outlines, even though violent crime is down.
I was thinking about how in my youth I had a cooler in my truck and would drink a cold one while driving. My daughter showed me an article where a female cop was calmly talking to a retarded guy who stole one beer, she had him up against a wall. Her supervisor showed up and grabbed the guy and slammed him into the sidewalk splitting his skull open and almost killing him, over one beer. The female cop was let go after this. My kids, who stay out of trouble have figured out that cops are not their friend.
This guy is lucky they let him go. First never admit to drinking to a police officer, even if it was several hours ago. If you say yes, most states require the officer to conduct further tests. Second never consent to field sobriety tests especially if you are fatigued as this writer states he was. If you are fatigued, you will have a difficult time with most field sobriety tests. Third do not blow into an alcohol detector. Many things can cause false readings. Why not take these tests? Because you are providing a way for the troopers to charge you with DWI and or DUI depending on the state you are in. Yes, you may be put into custody and taken to the station for a blood draw again depending on the state you are in. Know the laws of your state and comply with those. Do not give them any chance to falsely charge you. It happens quite a bit at these dui checkpoints. Remember the police are NOT the law, they enforce the law at their discretion which is a problem in and of itself. You do have rights at a dui checkpoint. Know what you can do in your state at a dui checkpoint, or dui stop and act how you see fit. No, I am not pro drinking and driving, I am pro knowing your rights. If you are sober, you do not want to be charged with DUI because one of the meds you are taking causes a false reading when you blow into the blood alcohol level detector.
Or you could avoid NYC like the plague.
When they ask if I had a drink I always say yes leading them to ask what, and I say…milk
Don’t play with these screwed-up people.
The only thing they are interested in is protecting their pension and lifetime benefits. That’s why they are called pigs.
I can’t believe he was stupid enough to tell them he had a beer. Rofl.