Checking Stations and Roadblocks
NC GS 20-16.3A provides that law enforcement agencies may conduct checking stations and roadblocks. These checking stations, however, must designate in advance the pattern for stopping vehicles and for requesting drivers that are stopped to produce their drivers license, registration, or insurance information. They also must operate under a written policy, which provides guidelines for the pattern. During operation of the checkpoint, the public must be made aware that a checking station is being operated by having, at a minimum, one law enforcement vehicle with its blue light in operation. Additionally, checkpoints should be randomly placed, avoiding placing checkpoints repeatedly in the same location.
The North Carolina case of State v. Rose, 612 S.E.2d 336, 170 N.C.App. 284 (NC, 2005) changed the way that checkpoints are conducted. Before State v. Rose, courts in North Carolina would often "rubber stamp" police checkpoints as valid without considering much more. TheRose case stresses that checkpoints are presumptively unreasonable and requires the state to prove the following:
If the police fail to follow the procedural requirements of NC GS 20-16.3A, which requires (1) a systematic plan for the checkpoint, (2) a pattern for stopping vehicles and requesting drivers to submit to alcohol screening tests, and (3) notice to the public that an impaired driving check is being made, the checkpoint was improperly conducted. Any evidence collected from an improper checkpoint may be suppressed.
If you notice a checkpoint, do not try to turn around and avoid it. The North Carolina Supreme Court has held that police officer at a checkpoint "may pursue and stop a vehicle which has turned away from a checkpoint within its perimeters for reasonable inquiry to determine why the vehicle turned away." State v. Foreman, 351 N.C. 627, 633, 527 S.E.2d 921, 925 (2000). If you turned around because you weren't aware that a checkpoint existed, perhaps due to a lack of visible signs, you may not be within the "perimeters" of the DWI checkpoint. Thus, you may have a defense that the police did not have the legal right to stop you.
Having conducted and participated in numerous checkpoints, license checkpoints, and DWI / BAT Mobile checkpoints as a Charlotte-Mecklenburg Police Officer, feel free to contact Adkins Law with any questions. A DWI lawyer / DUI lawyer from Adkins Law will be happy to give you a free DWI consultation. Adkins Law offers DWI representation in Huntersville, Cornelius, Davidson, Charlotte, Mecklenburg County, Iredell County, Gaston County, Cabarrus County, and the Lake Norman area.
NC GS 20-16.3A provides that law enforcement agencies may conduct checking stations and roadblocks. These checking stations, however, must designate in advance the pattern for stopping vehicles and for requesting drivers that are stopped to produce their drivers license, registration, or insurance information. They also must operate under a written policy, which provides guidelines for the pattern. During operation of the checkpoint, the public must be made aware that a checking station is being operated by having, at a minimum, one law enforcement vehicle with its blue light in operation. Additionally, checkpoints should be randomly placed, avoiding placing checkpoints repeatedly in the same location.
The North Carolina case of State v. Rose, 612 S.E.2d 336, 170 N.C.App. 284 (NC, 2005) changed the way that checkpoints are conducted. Before State v. Rose, courts in North Carolina would often "rubber stamp" police checkpoints as valid without considering much more. TheRose case stresses that checkpoints are presumptively unreasonable and requires the state to prove the following:
- The checkpoint was created for a valid programmatic purpose,
- The officers on the scene were under supervisory control and did not have unfettered discretion, AND
- The placement and methodology of the checkpoint was reasonably related to the purpose of the checkpoint.
If the police fail to follow the procedural requirements of NC GS 20-16.3A, which requires (1) a systematic plan for the checkpoint, (2) a pattern for stopping vehicles and requesting drivers to submit to alcohol screening tests, and (3) notice to the public that an impaired driving check is being made, the checkpoint was improperly conducted. Any evidence collected from an improper checkpoint may be suppressed.
If you notice a checkpoint, do not try to turn around and avoid it. The North Carolina Supreme Court has held that police officer at a checkpoint "may pursue and stop a vehicle which has turned away from a checkpoint within its perimeters for reasonable inquiry to determine why the vehicle turned away." State v. Foreman, 351 N.C. 627, 633, 527 S.E.2d 921, 925 (2000). If you turned around because you weren't aware that a checkpoint existed, perhaps due to a lack of visible signs, you may not be within the "perimeters" of the DWI checkpoint. Thus, you may have a defense that the police did not have the legal right to stop you.
Having conducted and participated in numerous checkpoints, license checkpoints, and DWI / BAT Mobile checkpoints as a Charlotte-Mecklenburg Police Officer, feel free to contact Adkins Law with any questions. A DWI lawyer / DUI lawyer from Adkins Law will be happy to give you a free DWI consultation. Adkins Law offers DWI representation in Huntersville, Cornelius, Davidson, Charlotte, Mecklenburg County, Iredell County, Gaston County, Cabarrus County, and the Lake Norman area.