By Michael Komorn
The Supreme Court ruled in City of Indianapolis V. Edmund that drug check points are unconstitutional. So what happens when you see one on the highway? Keep calm and carry on. Police, especially in the Mid-west, have been using drug check points as a trap to seek out drivers who make illegal U-turns or discard items from their vehicles. It is also recommended that you do not pull over at the next highway rest stop unless you want your car surrounded by drug dogs. If you are stopped or arrested at a drug checkpoint contact an attorney to determine your legal options. Note: DUI check points are legal, but if stopped and arrested, you still have rights. Officers use DUI check points to briefly detain you to check your licenses and tags and give themselves a brief opportunity to glance into your vehicle and smell for alcohol. If stopped at a DUI check point, officers DO NOT have the right to search your vehicle unless they have probable cause or your consent. Always remember to ask the officer if you are being detained or if you are free to go. Your legal options once in court are more constricted if you consented to a search.
