The legality of the roadblock depends on the laws of each State. Roadblocks are illegal in Washington State but there are many other states which allow them. In these jurisdictions, there have to be a specific circumstances that justify the intrusion of motorists’ expectation of privacy.
This means that law enforcement agencies can’t set up roadblocks simply to assist in the normal process of law enforcement. If a roadblock’s primary purpose is to check for illegal drugs as a method of general crime control, that could be considered in violation of the Fourth Amendment.
However, public safety is a valid primary purpose. This is why sobriety checkpoints that assess for dangerous drunk drivers are more likely to be in line with the Fourth Amendment.
The Fourth Amendment to the U.S. Constitution holds that you have a right against illegal searches and seizures.
Generally, law enforcement officers are required to obtain a search warrant before conducting a search. However, there are circumstances when a police officer can conduct a legal search and seizure without a warrant, as long as it’s not an unreasonable search.
A search is typically reasonable if there is probable cause for law enforcement to believe it’s necessary. A court will generally not consider an overly burdensome or intrusive search or seizure as reasonable.
A police officer can legally search your car in a few instances. These instances include: 1) If you consent to the search, 2) if the officer has reasonable suspicion that a search of the car is necessary for the safety of the Officer or 3) if the officer has probable cause to suspect that there is evidence of a crime in the car.
In 1990, the U.S. Supreme Court of the United States decided that sobriety checkpoints did not violate the Fourth Amendment. It left it up to the states to decide whether to allow sobriety checkpoints in their state. While the Court has held that sobriety checkpoints are constitutional, it has also said that the police can’t set up roadblocks for just any reason.
If you or a loved one is in a bind as a result of criminal allegations, immediately contact a Seattle Criminal Attorney. A Criminal lawyer is not going to judge you and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties and can help direct people on how to best deal with their criminal charge, and many times even get them dismissed. So, it should go without saying that someone cited for a misdemeanor or felony should hire a qualified Seattle Criminal Lawyer as soon as possible. Criminal charges can cause havoc on a person’s personal and professional life. Anyone charged with a crime in Washington State should immediately seek the assistance of a seasoned Seattle Criminal Lawyer. SQ Attorneys can be reached at (425) 359-3791 and/or (206) 441-0900.
