There are multiple steps to a DUI Charge. Each step has its own legal standard. These legal standards are what separates us from the animals. Without the law we will devolve into a world where the predatory are the only ones that survive. Unfortunately, this has transformed into law enforcement conduct. If you have been charged with a DUI, you should call me, I am a Virginia DUI Defense Lawyer.
A DUI roadblock is when law enforcement blocks a rightful thorough fare in order to unconstitutionally subvert the standard for reasonable suspicion. Typically, a law enforcement officer needs the legal standard of “reasonable suspicion” in order to stop a lawful U.S. Citizen. There are exceptions to this standard, for example if you are near of United States Boarder the standard is loosened.
The Virginia Courts have consistently held that DUI roadblocks must be “carried out pursuant to a plan embodying explicit, neutral limitations on the conduct of the individual officers.” Love v. Commonwealth (1985) This cannot leave the individual trooper with board discretion. If you have been charged with a DUI, you should call me at (434) 660-9701. I am a Virginia DUI Defense Lawyer.
Law enforcement will use what known as “shadow” roadblocks in order to see who avoids the are and than follow those persons that avoid the area. The Supreme Court of the United States has said this is ok for law enforcement to do. Essentially, law enforcement will set up signs saying that there is a DUI Roadblock up ahead without there actually being a DUI Roadblock, then follow U.S. Citizens who avoid the area.
The establishment of “reasonable suspicion” is foundational United States Law. A law enforcement officer must have a reasonable articulable suspicion which involves:
This must be “more then an inchoate and unparticularized suspicion of “hunch” of criminal activity” but “something less than probable cause.” Jackson v. Commonwealth (2004)
When law enforcement officers make traffic stops based on facts other than a violation of the law or reasonable grounds to suspect that the driver has committed an offense, they are in violation of the Fourth Amendment requirement that they possess objectively reasonable grounds for the intrusion. United States v. Mariscal (2002)