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Are police DUI checkpoints constitutional?

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  • Videojug
  • Videojug
  • 5:41
  • Yes
  • 360p
  • 640x360
  • Flash
  • h.264
  • 900kbps

Are police DUI checkpoints constitutional?

Neil Shouse (Defense Attorney) gives expert video advice on: What is 'probable cause' as it applies to a DUI?; Are police DUI checkpoints constitutional?; What is suppression of evidence in a DUI case? and more...

Police DUI checkpoints, under certain conditions, are constitutional and that's why we see them take place quite frequently. However, it has to be a systematic stop of vehicles. So the police cannot use a checkpoint as unfettered discretion simply to stop who they would like to. They can't arbitrarily or randomly pull vehicles over in a checkpoint. It has to be a systematic stop in which everybody who goes through the checkpoint is stopped and investigated for suspicion of drunk driving.

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