Category Archives: Roadblocks

VT: Probation officer’s home visit is not a search

A probation officer’s home visit is not a search. Levitt v. State, 2016 VT 60, ¶ 32. State v. Albarelli, 2016 VT 119, 2016 Vt. LEXIS 121 (Nov. 18, 2016). The DUI roadblock in this case was established in accord … Continue reading

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AR: DUI roadblock set up purely in the discretion of the officer on an interstate highway off-ramp was unreasonable

A DUI roadblock set up purely in the discretion of the officer on an interstate highway off-ramp was unreasonable. Whelan v. State, 2016 Ark. 343 (Oct. 20, 2016):

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S.D.Tex.: Stop of Greyhound bus in Conroe TX just to search it was unreasonable

Five officers boarded a Greyhound bus in Conroe, Texas just to search it and confront passengers. Defendant’s consent to search belongings suppressed. This was a forced interaction by detaining the bus. United States v. Wise, 2016 U.S. Dist. LEXIS 130681 … Continue reading

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NC: Trial court’s sustaining DUI checkpoint on this record was plain error

The trial court plainly erred in finding the DUI checkpoint was valid under the Brown v. Texas factors. State v. Ashworth, 2016 N.C. App. LEXIS 816 (Aug. 2, 2016). Greatly detailed “innocent details” from the CI were corroborated, and that … Continue reading

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SC: Where def avoided a DUI checkpoint, he couldn’t challenge its constitutionality

Where defendant was stopped because he avoided a checkpoint, the constitutionality of the checkpoint isn’t relevant to the appeal because there was no stop. An officer pursued and found the car parked with the lights off. Coming up to the … Continue reading

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IL: 1:30 am U-turn 50′ before safety roadblock was RS

Defendant’s U-turn over railroad tracks 50′ before a “safety roadblock” set up on a highway just across the state line from Iowa was reasonable suspicion. (Time of day was an important factor.) It was not indicative of “going about one’s … Continue reading

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KY: DUI roadblock failed state’s well established standards

Kentucky DUI roadblock failed the standards adopted a decade ago, and the stop had to be suppressed. Some standards were complied with, but not enough to make the court comfortable with this one. Commonwealth v. Cox, 2015 Ky. LEXIS 2010 … Continue reading

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AR: DUI checkpoint on an interstate highway without a plan or supervision was unconstitutional

A DUI checkpoint on I-540 through Fort Smith, Arkansas was set up and executed without a plan, and it was unconstitutional. There was no supervisor there and nothing to limit discretion. Every car was stopped, except until a traffic jam … Continue reading

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W.D.Ky.: Threat to arrest def’s mother if he didn’t consent made it involuntary

Defendant’s consent was not voluntary where the officer claimed to have search warrant papers and said that he’d arrest defendant’s mother if the search warrant had to be used. United States v. Bachelor, 2015 U.S. Dist. LEXIS 161299 (W.D.Ky. Dec. … Continue reading

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NM: Lack of prior notice of a sobriety checkpoint not fatal; suppression reversed

“The State of New Mexico appeals from an order granting a motion to suppress evidence based on an unconstitutional sobriety checkpoint. The State raises a single issue on appeal: whether the lack of advance publicity makes a sobriety checkpoint unconstitutional, … Continue reading

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