D.U.I. Checkpoints in Pennsylvania

| Sep 20, 2013 | DUI

A D.U.I. checkpoint constitutes a seizure and is subject to a constitutional analysis.  A checkpoint must meet five criteria in order for the checkpoint to be constitutional: 1. the vehicle stops must be brief and not involve a physical search; 2. there must be sufficient warning of the existence of the checkpoint; 3. the decision to conduct a checkpoint, as well as the time and location of the checkpoint, must be subject to prior administrative approval; 4. the choice of the time and place for the checkpoint must be based on local experience as to where and when intoxicated drivers are likely to be traveling; and 5. the decision to stop drivers during the checkpoint must be established by administrative pre-fixed, objective standards, and not left to the unfettered discretion of the officers at the scene of the checkpoint.

If the checkpoint fails to meet any of those 5 criteria, the checkpoint is unconstitutional.

FindLaw Network