Navigating Police Interactions: Checkpoints

For this edition of the law journal, we will be discussing checkpoint rights:

There are four types of checkpoints:

1. TSA checkpoints

2. DUI checkpoints

3. Drug checkpoints

4. US border checkpoints

It is important to note that these checkpoints are all different so you want to understand that your rights are different at each one.

TSA Checkpoint:

The TSA (Transportation Security Agency) agents are allowed to search you and your vehicle/ items when you enter a TSA airport security zone WITHOUT probable cause or a warrant.

It is also important to understand that the TSA has an Identification requirement. Passengers must have a photo ID in an airport security zone.

DUI Checkpoints:

These are the most common checkpoints. These are general purpose checkpoints. Many times they will use this to get information about you. These are quick and usually uneventful.

It is important to understand that your constitutional rights apply; this means that they cannot search you or your vehicle unless they have probable cause. This doesn’t change even if the police officer has a drug sniffing dog with him/her/them.

THAT BEING SAID:

If a drug dog or an officer smells something or finds something suspicious, they can and will search your car.

Drug Checkpoints:

Note: Random checkpoints aimed at finding illegal drugs are UNCONSTITUTIONAL.

They cannot pull you over because they think you have drugs.

Police departments have put up warning signs. Police officers will not pull you over. If you see a warning sign, stay calm and keep driving. They pull over drivers who try to make illegal U-turns.

Some advice: If you see a rest stop nearby, avoid it. There is a high chance that there is a high police presence. Just keep calm and drive on.

US Border Checkpoints:

They are allowed to search you and your vehicle/items WITHOUT probable cause or a warrant. They generally search most if not all vehicles at these checkpoints. They need reasonable suspicion to search you either through pat down, x-ray or strip searches.

With reasonable suspicion, officers are allowed to search computers, phones, cameras and other electronic devices.

Officers are also able to quickly look at your laptop. You should ALWAYS password protect important information and NEVER give them your passwords.

Finally, there is a new trend of security checkpoints 100 miles inside US territories. If you ever find yourself at one of these checkpoints, you are NOT required to answer the agent’s questions. You are also NOT required to consent to searches.

General Notes:

You ARE allowed to film these stops. Filming stops can be an important form of protection if your interaction with the officers escalates.

If you are arrested at any of these stops, contact your attorney and he/she/they will provide you with legal options. I would stay silent to avoid incrimination.

Sources:

https://www.flexyourrights.org/faqs/my-rights-at-checkpoints/

http://www.cnn.com/2015/07/23/us/sandra-bland-traffic-stop-rights/

#knowyourrights #police #checkpoints #policeinteractions