Anonymous
Anonymous asked in Politics & GovernmentLaw Enforcement & Police · 1 decade ago

Can law enforcement officers perform a roadside drug check point ?

We have all heard of and maybe even been apart of the random D.U.I. checkpoints or license checks while driving.

So is it legal for a cop or cops to do a drug check point?

Update:

HINT~~~ No it is not!!!!

Update 2:

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Update 3:

Check Your Rights ( a great web site for Americans to check out!)

Drug Checkpoint Ahead? Relax and Keep Driving

Why? Because there isn’t exactly such a thing as a drug checkpoint. In City of Indianapolis v. Edmond, the Supreme Court found random drug checkpoints unconstitutional in 2000. Since then, police (particularly in the mid-west) have gotten into the habit of putting signs up warning drivers of upcoming drug checkpoints and then detaining and searching drivers who make illegal u-turns or desperately fling contraband from their vehicles. These checkpoint-like fake checkpoints serve as the functional equivalent of a checkpoint without violating the Court’s prohibition against checkpoints.

Update 4:

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If you see a "drug checkpoint" sign in your area, please contact me at scott@flexyourrights.org.

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15 Answers

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  • Anonymous
    1 decade ago
    Favorite Answer

    NO, ACCORDING TO THE CONSTITUTION IT IS ILLEGAL. THIS IS NOT NAZI GERMANY.

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  • 1 decade ago

    "Drug Checkpoints" are not allowed by the courts. The US Supreme Court made this ruling in City of Indianapolis v. Edmond.

    DWI checkpoints, and license checkpoints, and information checkpoints are allowed by the court.

    I haven't heard of a drug checkpoint in years.

    If you come upon a checkpoint it would be wise to stop. If you don't you can be pursued and arrested by the police. The above mentioned practice of putting up a sign and waiting for people to fling their dope out of the window is a nice bogeyman story though.

    I do wonder though. If there is no checkpoint, just some sign out on the side of the road, then there may not be a violation of the case law. You would however, have a littering violation which is reason to make a vehicle stop. I might (as a private citizen) put one up on my street and see if anyone is dumb enough to throw dope out their car window......I did hear smoking pot makes you paranoid.

    Source(s): I am one of the good guys. http://www1.law.umkc.edu/suni/Criminal_Procedure_I...
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  • 1 decade ago

    The US Supreme Court ruled that drug checkpoints were unconstitutional in City of Indianapolis v. Edmond.

    Source(s): 12 years experience
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  • Anonymous
    1 decade ago

    Because the state licenses motor vehicle operation it has the right to have checkpoints. As party of having a license you have agreed to be tested, so long as the test is non invasive.

    It's called Implied Consent. But how are they going to do a non invasive drug test?

    You have the right to refuse, but you will loose your license for refusing

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  • 1 decade ago

    Yes it is totally legal it is just as legal as a dui checkpoint if you think this is Nazi Germany then move to Germany or leave the country. Also if you post only what you want to hear then why ask others there opinion.

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  • 4 years ago

    If you were to park your car and walk away then yes I would say you would get a ticket, but if you needed to stop because you got a flat or your car broke down then that would be fine. If you feel that the police vehicle was blocking a road way or interfering with traffic then call and file a complaint.

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  • 1 decade ago

    Hint - it is legal to do a stop of everyone (no profiling) for driving legally (a drivers license and proof of insurance in Texas) with a safe car. While doing this, if an officer observes evidence of D.U.I. in terms of car contents (empty bottles, etc.) or shakey behavior, the officer can ask the driver to demonstrate his/her ability to do simple coordination tests and failing those, do followup tests.

    You are partly right in that officers can not stop everyone and demand a breathalizer or urine test under our current rules with no preliminary evidence at all.

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  • Anonymous
    1 decade ago

    It is routine for cops to setup checkpoints for sobriety. The courts have upheld this practice.

    This doesn't mean that your constitutional rights have been suspended. You still have the right not to incriminate yourself, and nobody is allowed to search your vehicle unless they either have probable cause, or you allow it. Most searches are allowed by people who STUPIDLY believe that it'll be "easier if you cooperate."

    There are lots of citizens advocacy groups with pointers on how to handle police searches, so that your constitutional rights are not abbrogated by Johnny Law. A good place to start is the ACLU.

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  • Anonymous
    1 decade ago

    Yep. Just as legal as the DUI checkpoints.

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  • 1 decade ago

    They do it all the time along major highways in Florida. And those actions have been deemed lawful by judicial review.

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  • 1 decade ago

    yes the law can have a drug check point any time and any where its the same with a dui check point.

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