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Fake Drug Checkpoint Legal?

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rob4142000

Junior Member
What is the name of your state? Wisconsin
If drug checkpoints are unconstitutional would a fake drug checkpoint be constitutional? Would the evidence seized from one of these so called fake drug checkpoints stand in court? This checkpoint had all of the characteristics of an actual drug check point. Mobile command post, drug detection dog on site, 30-40 officers, even signs stating drug checkpoint 1 mile ahead. I exited the highway at the exit right before the supposed checkpoint only to notice 10 or more plain clothes officers at the end of the exit. I was immediately pulled over for failing to stop at a stop sign (a lie). I was issued a warning and immediately after that the 2 drug sniffing dogs sniffed around my car. I had marijuana in the car and I was arrested.

My question is were my fourth amendment rights violated? Should I file a motion to suppress this evidence?
 


Silverplum

Senior Member
What is the name of your state? Wisconsin
If drug checkpoints are unconstitutional would a fake drug checkpoint be constitutional? Would the evidence seized from one of these so called fake drug checkpoints stand in court? This checkpoint had all of the characteristics of an actual drug check point. Mobile command post, drug detection dog on site, 30-40 officers, even signs stating drug checkpoint 1 mile ahead. I exited the highway at the exit right before the supposed checkpoint only to notice 10 or more plain clothes officers at the end of the exit. I was immediately pulled over for failing to stop at a stop sign (a lie). I was issued a warning and immediately after that the 2 drug sniffing dogs sniffed around my car. I had marijuana in the car and I was arrested.

My question is were my fourth amendment rights violated? Should I file a motion to suppress this evidence?
Fake checkpoint...but were the drugs fake or real?
 

quincy

Senior Member
Unreasonable searches and seizures are prohibited under Wisconsin statute 349.02 (2)(a). Reasonable ones, however, are not.

Fake drug checkpoints may be unique to the Midwest. They have not been found, so far at least, to violate the court's prohibition on drug checkpoints. The signs posted warning of a drug checkpoint ahead not only reveal actions by drivers that suggest they are guilty of a "criminal" act (possession of an illegal substance) but also result in the commission of traffic violations by these drivers - vehicles that try to avoid a checkpoint by making illegal U-turns on a highway, for instance. It is these traffic violations that the police wait for, with their drug-sniffing dogs at hand. Any police stop is a "seizure", but if the stop is a legitimate one (ie. for running a stop sign), then it is permissible.

There still must be probable cause for a search, or a search warrant, in order to search a vehicle without consent. Searches and seizures are considered reasonable when there is this consent (either explicit or implicit), or if contraband is in "plain view". Police do not need evidence to use drug-sniffing dogs during a traffic stop, either. If a drug-sniffing dog indicates there are drugs in a vehicle, this can be probable cause for a search. Evidence gathered as the result of any permissible search and/or seizure is admissible in court.

I think you would need to prove you did not run a stop sign, or commit any other traffic violation, while trying to avoid the "fake" drug checkpoint, in order to successfully fight your arrest for marijuana possession based on an unreasonable search and seizure (if your marijuana was not in plain view). The difficulty with this, of course, is you have 10 or more police officers who will testify you ran the stop sign, and just you saying you didn't. Not great odds for you.

If you had not exited the highway early, by the way, you would probably not have been stopped.
 

rob4142000

Junior Member
After doing legal research I've found any and all searches involving a police canine should be challenged in court. The accuracy of the police dog should be proven through records supposedly kept by it's handler or police department. If no records are kept, the question arises, did the canine alert, or was it triggered to alert? Does this particular canine hit on everything it comes into contact with? Looks like I have a "leg to stand on" after all thanks to the good old american judicial system.
 

The Occultist

Senior Member
After doing legal research I've found any and all searches involving a police canine should be challenged in court. The accuracy of the police dog should be proven through records supposedly kept by it's handler or police department. If no records are kept, the question arises, did the canine alert, or was it triggered to alert? Does this particular canine hit on everything it comes into contact with? Looks like I have a "leg to stand on" after all thanks to the good old american judicial system.
Haha, are you for real? I don't think I've ever once heard somebody complain about getting searched after a canine search, and nothing was found. Gee, I wonder why... :rolleyes:
 
What is the name of your state? Wisconsin
If drug checkpoints are unconstitutional would a fake drug checkpoint be constitutional? Would the evidence seized from one of these so called fake drug checkpoints stand in court? This checkpoint had all of the characteristics of an actual drug check point. Mobile command post, drug detection dog on site, 30-40 officers, even signs stating drug checkpoint 1 mile ahead. I exited the highway at the exit right before the supposed checkpoint only to notice 10 or more plain clothes officers at the end of the exit. I was immediately pulled over for failing to stop at a stop sign (a lie). I was issued a warning and immediately after that the 2 drug sniffing dogs sniffed around my car. I had marijuana in the car and I was arrested.

My question is were my fourth amendment rights violated? Should I file a motion to suppress this evidence?
No, they weren't. Get a lawyer, you may be able to plea to a lesser crime.

Look, I hate to say this but you fell for it. Do you really think they're going to stop everyone on the highway? This is a typical tactic, put up a sign saying drug checkpoint one mile, then put the officers on the next exit which is typically a very unused exit. The people who pull off are typically carrying illegal narcotics -- unless it's local traffic, which is rare.

Ah well, such is life, live and learn.
 

JustRandy

Member
No, they weren't. Get a lawyer, you may be able to plea to a lesser crime.

Look, I hate to say this but you fell for it. Do you really think they're going to stop everyone on the highway? This is a typical tactic, put up a sign saying drug checkpoint one mile, then put the officers on the next exit which is typically a very unused exit. The people who pull off are typically carrying illegal narcotics -- unless it's local traffic, which is rare.

Ah well, such is life, live and learn.
Here in GA they just set up a road block and stop everybody... Not on I-75 of course, but any intra-state route seems to be fair game regardless of the number of lanes or the amount of traffic. I've been in MANY of them. A BIG hassle and waste of most people's time, but they do catch a lot of dui's and cars with a headlight out that way. The dogs are never far away if they should happen to want to use them too.
 

JustRandy

Member
Haha, are you for real? I don't think I've ever once heard somebody complain about getting searched after a canine search, and nothing was found. Gee, I wonder why... :rolleyes:
Does this qualify? I know a guy that was in one of those GA roadblocks a few months ago and his car was searched by dogs solely because his brother was "known" to be a criminal and they share the same last name. The dogs tore the car apart and scratched all the plastic inside clawing at the doors n that. Nothing was found and they grudgingly let him go.
 
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