You’re driving down the Interstate when you pass a sign that says: “Drug Checkpoint 5 Miles Ahead”. But before you get to it, there’s another exit. I’ve actually only seen this scenario one time, but have wondered about it. I’d love to hear some stories about what happens to those who make that first turn. Is merely turning probable cause to search?
That’s the trap. It’s an exit to nowhere, and they run a dog around your car while you try to BS your way out of it.
Correct response to such a sign is to continue driving like you aren’t carrying anything unusual or felonious.
No, as long as the turn is legal.
In City of Indianapolis v. Edmond, 531 U.S. 32 (2000), the Supreme Court said that suspicionless stops, even the brief stop associated with a checkpoint, are not constitutional for the purpose of enforcing drug laws. (In contrast, a checkpoint for the purpose of enforcing laws against drunk driving is permissible).
However, there is nothing forbidding the police practice of posting such a sign and then watching for drivers who discard contraband from their windows, or make an illegal turn to avoid the supposed stop. Either one of those actions can give rise to at least reasonable suspicion to effect a traffic stop.
Note also that an examination of a car by a drug-sniffing dog is not a search under the Fourth Amendment. So if there happens to be a rest stop near such a sign, and you choose to veer into it and park, perhaps thinking to discard any contraband, you may find your car the subject of a dog sniff. And if the dog alerts on the car, that alone could support a search.
I’ve heard about these and wondered about the probable cause thing for people getting off at the exit and what would happen if I really and truly-o intended all along to get off there - maybe I was visiting a farmer or something or doing one of those degree confluence things where you visit points indicated by “round” coordinate numbers on a map.
Seems that getting off does not necessarily result in a Fourth Amendment search because:
- They are watching for you to commit a traffic violation and/or try to discard something, after which they have “probable cause” to stop you.
- They sniff your car with drug dogs, which don’t constitute a “search” within the meaning of the Fourth Amendment, but if the dog finds something, they then can do a “real” search.
Anyone been through one of these (or know someone who has) where you (or they) got off at the conveniently provided exit and made it through without being detained because you really were clean?
Recent thread on this very question:
Legal question: Drug checkpoint when there isn’t a drug checkpoint
Much older thread:
A drug dog checkpoint on I-80? Wheres the legality?
Seems damned slimy to me. What if someone simply is in a hurry, and doesn’t want to lose the time to a checkpoint inspection? Or what if someone is a really strong libertarian, and doesn’t like cops. He’d rather drive five miles out of his way than be hassled by the damn pigs? (Not my viewpoint, but the viewpoint of some people!) What if he’s got something embarrassing but legal – a Hustler magazine and a big bottle of Jim Beam – and he’d rather not have it seen by the police? What if he’s a conspiracy fantasist and is afraid the police will frame him by planting drugs in his car?
If you’re gonna pull a surprise inspection, then do it. Fine. I come around a corner, and there are all the signs and lights and cones in the road. Okay, sheesh. I’m in for a delay.
But don’t pull those kind of mind games. That’s Orwellian.