Many people are arrested at DUI checkpoints, especially during holidays. Although they may not be intoxicated, officers may see something else in the vehicle, during the stop, such as drugs or a weapon, that results in their arrest. In general, under the U.S. and N.J Constitutions and Supreme Court decisions, the police cannot stop someone without reasonable suspicion that they committed a crime or were about to commit one. Obviously, at a checkpoint, the police will be stopping drivers without any reasonable suspicion, which raises constitutional issues.
The New Jersey Supreme Court has held that these "temporary" checkpoints are legal, provided certain safeguards were in place, including prior notice to the public, the checkpoint was based on historical arrest rates at the location, public safety and awareness would be fostered by the checkpoint, and there is participation in command and supervision.
Anytime someone is charged with a DUI, or other charges due to a checkpoint/roadblock, an attorney should review the procedures implemented by the police, to see if they complied with the requirements.
If you, a family member or friend has been charged with DUI, or any criminal charge, call my office for a free consultation.
All the Best!
Randy C. Redden
(856) 448-6200
The New Jersey Supreme Court has held that these "temporary" checkpoints are legal, provided certain safeguards were in place, including prior notice to the public, the checkpoint was based on historical arrest rates at the location, public safety and awareness would be fostered by the checkpoint, and there is participation in command and supervision.
Anytime someone is charged with a DUI, or other charges due to a checkpoint/roadblock, an attorney should review the procedures implemented by the police, to see if they complied with the requirements.
If you, a family member or friend has been charged with DUI, or any criminal charge, call my office for a free consultation.
All the Best!
Randy C. Redden
(856) 448-6200
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