Are Drug Checkpoints Illegal?

Drug checkpoints have recently been in the news. What are drug checkpoints and are they legal? Drug checkpoints are areas designated by law enforcement for vehicle inspection. Checkpoints are typically set up for DUI, drunk driving. DUI checkpoints have been a subject of controversy but have been deemed legal in a Supreme Court ruling. Drug checkpoints, however, are not included in this ruling. In fact, the drug checkpoints in question actually did not exist. Law enforcement used fake drug checkpoint signs to catch drivers who potentially had illegal drugs. The signs were designed specifically to deceive – no such checkpoint ever existed. Instead, the police watched drivers after they passed the sign. They then stopped those who pulled over after reading the sign.

Drug Checkpoints Don’t Exist

The fact is, drug checkpoints do not exist – they aren’t currently legal. No police department is able to legally operate such a checkpoint. These checkpoints don’t actually exist. Only signs exist. These signs are blatantly lying to the public since there is no checkpoint ahead. The only reason for the signs is to try to catch people who may be potentially carrying drugs. If you have been caught by such a scheme there are a few things that you should do.

• Don’t say anything. It’s best to immediately invoke your right to remain silent until you contact an attorney.
• Don’t argue with the police. While the checkpoint sign is not legal, you’ve been stopped by law enforcement and must treat officers with respect.
• Make a note of the date and time of the stop as well as the circumstances of the occurrence.
• Speak to an experienced attorney immediately.

 

Seeking Help after a Fake Checkpoint Stop

The local police certainly must feel as if they have a right to use a fake drug checkpoint sign. However, a skilled attorney will often be able to successfully fight your case in court. There are many factors that must be considered in such a situation. Your lawyer will want to view the sign as well as any police video taken of your stop and arrest. While you may be guilty of having had drugs in the vehicle, the police may not have had a right to search your car. It’s essential to recall every detail of the stop and subsequent arrest in order for your attorney to prepare your defense. If the stop or search was indeed done illegally, the prosecutor may not have enough evidence to continue forward with your case.

Your lawyer will work with the prosecutor to try to resolve the issue before it gets to court. If your case does proceed, your attorney will present your defense and try to achieve the best possible outcome. In these types of cases, if the sign placement was not done in accordance with the law, the traffic stop was probably not legally made. The most important take-away from this is – don’t believe every sign you read. If you do get sucked into this scam, seek legal help immediately.