Are DUI Checkpoints Legal in North Carolina?
In reviewing a DUI case, experienced legal counsel normally consider a series of complicated legal factors, measured against an unique factual scenario relevant to the particular charge or charges. At Powers Law Firm we specifically break down an Impaired Driving file into four general categories for the purposes of analysis:
- The Basis for the Stop or “Encounter”
- The Basis for Arrest
- The Collection of Evidence & Evidence Seized
- The Release Process & Timing of Securing Release
It makes sense to review a case based upon the chronological order of events normally associated with a stop, arrest, collection of evidence and release. If the Basis for the Stop or “Encounter” is found to be invalid, illegal and/or otherwise unconstitutional, evidence gathered, as a result, has the potential to be suppressed. That suppression is often referred to as “Fruit of the Poisonous Tree” or the Exclusionary Rule.
The earlier in the chain of events one can effectively attack the legality of a stop or seizure, the greater the likelihood of suppression of evidence collected and if appropriate, the resulting dismissal of a charge or charges due to lack of evidence. It is important to note, suppression of a piece of evidence does not necessarily mean a matter will be dismissed. The State may have more than one way or legal theory to proceed. The State may also have more than one piece of evidence or method of proving an essential element of a crime. (See prima facie evidence.)
Normally, in North Carolina, a law enforcement officer is required to have at minimum Reasonable Suspicion to stop a vehicle. It is indeed possible to have Probable Cause to stop based on observing a known violation of the law. The reader may wish to read our other posts on the Reasonable Suspicion and Probable Cause. There are a great number of combinations and permutations of individual factual scenarios regarding stopping and seizing persons.
In simple terms, law enforcement must observe someone either break the law OR have reasonable grounds to believe the accused has broken or is about to break a law. That is predicated on the 4th Amendment to the United States Constitution, which reads:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue but upon probable cause, supported by Oath or affirmation and particularly describing the place to be searched and the persons or things to be seized.
The Courts (and Legislative bodies) have carved out are commonly referred to “narrowly tailored exceptions” to the general rule that people are to be secure in their persons, papers, houses and effects and not subject to intrusion by the State without reasonable suspicion or probable cause.
In separating from the British Crown and Crazy King George III, the Colonies complained of searches and seizures without cause predicated under something referred to as a “General Warrant.” In forming the Great Republic, the Framers left little room for equivocation: Unreasonable intrusions on the foundational individual liberty of “the right to be left alone” were not to be tolerated. Indeed, individual liberties were placed above the interests of government. See Articles of Confederation