As the holiday season approaches, drivers should plan to expect checkpoints. Checkpoints are increasingly common features of law enforcement strategy and are governed by particular rules. Federal money subsidizes the use of checkpoints through state programs such as the Governor’s Highway Safety Program The general rule is that checkpoints may not be established for general…Read More
In the news – 17 arrested for DWI violations in a Raleigh DWI checkpoint with an additional criminal or traffic violations issued for dozens more. According to news reports, Police officers from Apex, Cary, Raleigh, Holly Springs, Wake Forest, Wendell and Zebulon helped in the operation, along with the State Highway Patrol. Let’s review DWI…Read More
Police are permitted under U.S. Constitutional law to establish checkpoints provided they have a specific programmatic purpose, and are not generally used for general crime control. In other words, the Supreme Court has refused to permit police agencies to establish checkpoints for general policing, since this smacks of a totalitarian approach where everyone is suspect.…Read More
The holidays are supposed to be a happy time of the year – a time when people get together with family, exchange presents, enjoy good food, and… yes… drink. Unfortunately that drinking can get you into trouble, and this year – 2011 – is going to be a really lousy time to get a DWI…Read More
This weekend police in Wake County conducted checkpoints that ended in arrest of 130 drivers. These checkpoints are sometimes procedurally flawed.
I recently saw a case where police had pre-filled in their reports before setting up the checkpoint and then tried to claim the reports accurately reflected their observations. The judge didn’t buy that.