DUI detention for avoiding a roadblock.
| By Gold & Witham
The leading case dealing with the legality of checkpoints is Ingersoll v Palmer (1987) 43 Cal.3d 1321. This case establishes guidelines to be followed by the police in roadblock cases. One of the criteria indicates that motorists should not be stopped merely for avoiding the checkpoint. However, if the motorist does something unlawful or displays obvious signs of impairment, the motorist may then be stopped and detained.
In the above case, it will be important to establish whether the u-turn was illegal in itself or whether the officer believed it was illegal because the suspect was avoiding the checkpoint.
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