E.D.N.C.: Driver’s license checkpoints don’t require written rules

Driver’s license checkpoints don’t require written rules. United States v. Moore, 2017 U.S. Dist. LEXIS 116012 (E.D. N.C. May 18, 2017), adopted, 2017 U.S. Dist. LEXIS 115453 (E.D. N.C. July 25, 2017):

This argument fails for two reasons. First, no case law suggests that rules governing a licensing checkpoint must be written or issued by a particular institution of government to comport with the Fourth Amendment. Instead, Prouse holds simply that officers must not be allowed “unbridled discretion” to determine whom to stop at a checkpoint. 440 U.S. at 663. Therefore, whether officers’ discretion is constrained by a supervising officer with authority or by a higher institution of government in written documentation is immaterial under law. See id. Second, it is undisputed that Gore required officers stationed at the checkpoint stop every vehicle passing through the station. (See Tr. DE 40 at 28:23-29:4). Therefore, where Gore’s commands were authoritative vis a vis every deputy stationed at the checkpoint, (Id. at 28:3-5 (Canady stating that Gore was the supervisor on shift); 28:2-3 (Gore stating “[b]ecause I was the on-duty supervisor, I was in charge of the checking station”), the evidence demonstrates that Gore instituted proper rules to ensure that deputies stationed at the checkpoint stopped every driver that passed through. (See i d . at 28:23-29:1 (Gore’s testimony that he instructed officers or deputies present to stop every vehicle entering checkpoint)). This procedure is reasonable; therefore, defendant’s objection on this basis is overruled.