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.
These requirements include: (1) advance warning of the checkpoint, (2) minimal detention of drivers, (3) use of nonrandom, systematic criteria for stopping motorists, and (4) 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 recent 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!