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(thanks to www.flexyourrights.org)
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There are several types of roadblocks and they’re quite different:....
Sobriety Checkpoints....
Also known as DUI Checkpoints or sometimes Driver’s License Checkpoints,
these are the most common roadblocks you might encounter. They function as a
general purpose investigatory tactic in which police get a good hard look at
passing motorists by detaining them briefly. A roadblock stop is quick, but it
gives police a chance to check tags and licenses, while also giving officers a quick
whiff of the driver’s breath and a chance to peer into the vehicle for a
moment. ....
Remember that your Constitutional rights still apply in a roadblock
situation. Though police are permitted to stop you briefly, they may not search
you or your car unless they have evidence against you or you agree to the
search. Bear in mind, however, that if you’re driving under the influence, your
Constitutional rights provide very little protection in this situation. ....
Since the Supreme Court’s ruling in
Illinois v. Caballes police also have more leeway to
use drug-sniffing dogs in roadblock situations. Unfortunately, the Constitution
provides very little protection against this. There’s no need to waive your
rights simply because dogs are present, but be advised that your legal options
are limited if you’re arrested as a result of a dog sniff during a roadblock.
Keep this in mind when decided who or what to bring with you in the car. ....
Also keep in mind that police closely monitor cars approaching the
roadblock. You’re not likely to have any success evading an upcoming roadblock.....
Sobriety Checkpoints are generally permitted by the courts, but only if
conducted properly. If you’re arrested at a police roadblock always
consult an attorney before confessing or agreeing to a plea bargain. There
might be some legal options that your lawyer can pursue. ....
Emergency Checkpoints....
Sometimes police will set up temporary roadblocks after a serious crime
occurs. The purpose of emergency checkpoints is to capture suspects or to
identify possible witnesses. In this situation, police will often allow you to
pass through once they confirm that you’re not the person they’re looking for.
Of course, police are free to arrest you for minor crimes even if they’re
investigating something more serious. ....
If a serious crime occurs in your area, keep in mind that more police will
be on the streets. Officers are often required to work longer hours during
emergency periods, which can make them tense and irritable. Use caution in such
situations even if you haven’t done anything wrong, and remember that dealing
with emergencies is something we want our police officers to do. ....
Checkpoints Near the Border....
Police sometimes set up checkpoints near national borders. These are similar
to other checkpoints in that officers may ask questions and check your
documents. Police may try to intimidate you in consenting to a search, but
remember that being near a border is not the same as crossing it. You have a
right to refuse searches at these checkpoints just like the others. ....
Drug Checkpoints....
Drug checkpoints are a trap! The Supreme Court has ruled that random
checkpoints for the purpose of finding illegal drugs are unconstitutional.
However, police sometimes put up signs warning drivers of up-coming drug
checkpoints and instead pull over people who make illegal u-turns or discard
contraband out the window. If you see a sign saying “Drug Checkpoint Ahead”,
just keep driving and don’t panic. If there’s a rest area following the sign,
DO NOT pull into it. If you do, you’ll find yourself surrounded by
drug-sniffing dogs. ....
Police Departments, especially in the Mid-west, have
been pushing their luck with this tactic, so if you encounter anything
resembling an actual drug checkpoint, please contact that state’s ACLU Chapter.
Similarly, if you’re arrested as a result of a real or fake “drug checkpoint”, you
must contact an attorney to explore your legal options.