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 was enough for defendant’s stop. Five police officers in three cars making the stop didn’t make this a de facto arrest. “Courts have concluded that investigatory stops similar to and more intrusive than the stop in this case did not ripen into a de facto arrest.” United States v. Russ, 2016 U.S. Dist. LEXIS 100189 (D.Conn. Aug. 1, 2016).*