Illegal Roadblocks and Checkpoints
November 28, 2007
HOLIDAY SEASON UPDATE During the holiday season, many local police departments and the Tennessee Highway Patrol will utilize roadblocks and checkpoints in order to reduce alcohol-related accidents and increase safety for all drivers on the roads. Many arrests and seizures will be made courtesy of these roadblock and checkpoints, but many of these setups will be found unconstitutional under both Federal and Tennessee case law. Moreover, because most government offices and public works are closed during the holiday season, it will be months before charges will be dismissed. Know your rights and avoid the holiday headache of an unfair and unlawful DUI charge. Always remember though, driving while intoxicated or under the influence of drugs greatly endangers you and other drivers on the road. Always drink responsibly and designate a driver.
SEARCHES AND SEIZURES Federal case law and the Fourth Amendment of the Constitution protect citizens from unreasonable searches and seizures. Case law decided under Article I, Section 7 of the Tennessee Constitution go even further to protect individual liberties. Under Tennessee case law, you have been seized by a law enforcement agent as soon as the blue lights are turned on. The officer must have probable cause and reasonable suspicion of wrongdoing before they walk up to your car. There must be individualized suspicion not generalized profiling. Always drive carefully and with your seatbelt on.
ROADBLOCKS AND CHECKPOINTS The officers involved cannot make the decision to have a roadblock or checkpoint nor can they decide for themselves the operating procedures. Valid roadblocks and checkpoints must have clear operational guidelines, be conducted under supervisory authority and for a compelling state interest. The purpose of the roadblock or checkpoint must be the actual stated purpose and not a blanket disguise to detect any criminal wrongdoing. Tennessee Department of Safety General Order 410-1 lays out the appropriate guidelines for the Tennessee Highway Patrol and serves as a guideline for local law enforcement.
- - Clear notice. This means not only notice on the road for advancing traffic but also notice to the local community at large. Watch your local news and listen to the local radio stations for advertisements and warnings.
- - Uniformed officers. Patrol cars with flashing lights must be present. Look for clear markings of which law enforcement agencies are present. Don’t open your windows or doors without being sure that you are in the custody of real law enforcement officers.
- - Safe and visible area. The goal of law enforcement is public safety. Hidden or concealed stopping points are unnecessarily dangerous to everyone involved, regardless of the precautions taken by the officer. Make sure your vehicle is clear of and clearly visible to the continuing traffic.
- - Stop all cars. Both directions of travel should be subject to the same traffic congestion. There must be no discretion left to the conducting officers.
KNOW YOUR RIGHTS All public laws are created to protect and serve society as a whole as well as maintaining individual liberties. Conduct yourself as a good citizen and obey the rules of the roads. Good citizens do not deserve unnecessary intimidation by law enforcement trying to weed out the bad apples and increase revenues by writing expensive citations. Know the laws and your rights under the laws.
Have a safe and happy holiday season, and a happy new year!
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