Under both the US and Louisiana Constitutions even the temporary stop of vehicles constitutes a Fourth Amendment seizure. Law-enforcement personnel must justify any infringement of the rights of citizens. The Louisiana Supreme Court has set forth the specific requirements police checkpoints must satisfy in order to pass constitutional muster and not infringe on the liberty rights of each driver.
What the Law Requires for a DWI Checkpoint to Be Constitutional
- Advance warning of the checkpoint
- Minimal detention of drivers
- Use of nonrandom, systematic criteria for stopping motorists
- The “location, time and duration of the checkpoint, and other regulations for operation of the checkpoint, preferably in written form, established by supervisory or other administrative personnel rather that the field officer implementing the checkpoint.”
State v. Jackson, 00-0015 (La. July 6, 2000), 764 So.2d 64, 72.
Law enforcement rarely comply with these requirements. In numerous cases in Orleans, Tangipahoa, and Baton Rouge Parishes DUI charges have been dismissed or reduced when challenged. If you have been charged with a DUI based on a checkpoint or other type of stop you need aggressive and knowledgeable legal representation. Call us for immediate review of your case!
NOT GUILTY! Client who allegedly blew .16 found Not Guilty.
We successfully defended a client recently who allegedly blew a .16 after being stopped at a DWI checkpoint. The Louisiana Supreme Court has established specific requirements for a DWI checkpoint to comply with an citizen’s United States and Louisiana Constitutional rights. When law enforcement fails to comply with these constitutional requirements any evidence acquired from that state may be suppressed. If you or someone you know has been arrested for DWI you need skilled representation by an attorney who specializes in DWI defense. Call 985-643-0316 today for a free consultation!