What You Need to Know About DUI Checkpoints and the Fourth Amendment

Many individuals question whether their fourth amendment right was violated when they pass through a DUI checkpoint.DUI checkpoints and the fourth amendment is a tricky topic. The fourth amendment is set in place to prohibit searches and seizures that are unreasonable. The supreme court has held in the past that probable cause is needed that a driver is carrying out an illegal activity before an officer can pull them over legally. On the surface, these checkpoints may appear to go against the fourth amendment because they involve the driver having to stop and the police to “investigate” each driver that passes through the checkpoint.

The supreme court has held that when DUI checkpoints are held correctly, they are allowable under the fourth amendment if the guidelines put in place are followed while the checkpoint is being conducted. Many states compare checkpoints to airport security checks and consider them to be inspections for the safety of all. Officers are not allowed to single out drivers for any reason for a checkpoint to be legal and everything must be neutral when determining who is being stopped. This means, for example, that every fourth car passing the checkpoint may be stopped.

If you have questions about the legality of a DUI checkpoint, asking a Minnesota DUI attorney is your best source of credible information. Here is a brief explanation of the criteria that must be met for the checkpoint to be considered legal.

First, supervisory personnel is required for deciding that the checkpoint is needed and where the operation will take place. Field officers can not be the ones who make this decision. Second, a random mathematical formula must be utilized to determine what vehicles are being stopped as the operation is carried out.

Checkpoints that are conducted must be done so in a way that makes sure both drivers and officers are safe. This means that signals, warning signs, lighting, and police vehicles that can be identified are required to minimize the risk of harm to both drivers and police offers. Checkpoints are also required to be in a reasonable location. For example, a checkpoint can be located on a road where there has been a high rate of accidents and/or arrests due to drinking and driving.

Officers are required to use “good judgment” to decide what time the checkpoint will be held and how long the operation will take place. Roadblocks must be set up with a high level of visibility. This means that warning signs, police cars, officers in uniform, and flashing lights are required. These are critical to the safety of all and help reassure drivers that the operation is authorized.

Drivers that are detained are only allowed to be detained long enough for an officer to ask questions and assess for intoxication. Checkpoint operations must be publicized before the operation takes place. If these criteria are met, the checkpoint is constitutional, and rights have not been violated. If they are not met, there is a chance the fourth amendment was violated.

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Richard Gaugh Joined: September 29th, 2020