Q : Can the police pull me over in a roadblock and demand to check my license and registration?

A : The U.S. Supreme Court has said that such roadblocks do not constitute an unreasonable search as long as police stop all the cars passing through the roadblock or follow some neutral policy, such as stopping every fourth car. The police can't single out your car unless they have an articulable suspicion that you don't have your driver's license, your vehicle is unregistered, or that you or your car are otherwise seizable for violating the law.

Q : Is it legal to design a roadblock to catch drunk drivers?

A : Yes, provided the selection of vehicles to be stopped is not arbitrary and it minimizes the inconvenience to drivers. Courts have upheld such roadblocks as constitutional. States' legislatures disagree, however, about whether the prosecution needs to show that a roadblock is the least intrusive way to enforce drunk driving laws. Also, some states require that the ranking police officer who supervised a roadblock testify at the offender's trial.

Q : I got stuck in a speed trap. What can I do about it?

A : If the speed limit was clearly marked and you were exceeding it grit your teeth and pay the fine. If you think you've been unfairly prosecuted, you might report the trap to your auto club or state authorities to spare other drivers the same expense.

Q : I was stopped for speeding by a radar gun. Do those things work?

A : Courts today regularly take judicial notice of the ability of radar to measure accurately vehicular speeds. That doesn't mean that you can't try to prove that the particular radar gun in your case was poorly maintained or that its operator misread the results or was inadequately trained to use the device, but it is an uphill fight.


Family Legal Guide
Copyright © 2000, 2002 American Bar Association