Why checkpoints are illegal

In addition, the check should be quick and to the point, with a supervisory officer present. To make profiling of drivers a non-issue, a mathematical sequence is also used for stopping drivers. This could include every third car, every other car, and so on — for illustrative purposes. If however a driver is arrested for DUI, and these requirements were not executed by law enforcement, the case can ultimately become inadmissible in court.

We will bring superior legal experience to aid you in this challenging time. So what does that mean for you? The rest of us, meanwhile, should take certain precautions to reduce the chances of being arrested during a DUI checkpoint—such as avoiding making incriminating statements about earlier activities or admitting to drinking alcohol, for example.

If you were recently arrested for DUI after being stopped at a DUI checkpoint, it is important to obtain legal representation immediately. And, of course, never voluntarily give agents your password. Nor are you required to consent to any searches. Check out the video below to see how DHS agents try to trick and intimidate people into compliance. Also, take note of the practical necessity of flexing your rights repeatedly.

The Supreme Court has ruled that random checkpoints to find illegal drugs are unconstitutional. However, some police departments have devised a deceptive method to work around and exploit this restriction. Police departments sometimes put up signs warning drivers of upcoming drug checkpoints. This alone is not illegal. Trust Bates and McMillin to defend your rights!

Home » DWI Checkpoints. Under both the US and Louisiana Constitutions, even the temporary stop of vehicles constitutes a Fourth Amendment seizure. Law-enforcement personnel must justify any infringement of the rights of citizens, but safety concerns often override individual rights. Police checkpoints for DUI concerns are considered important for public safety and were ruled to be Constitutional. The Louisiana Supreme Court has set forth specific requirements that police checkpoints must satisfy in order to pass constitutional muster and not infringe on the liberty rights of each driver.

Contact our law firm today for a free case evaluation by one of our qualified legal professionals. A Supreme Court case outlined the following criteria for DUI checkpoints to carried out in accordance with the Constitution:.