Are DWI Checkpoints Legal?

Does a DUI checkpoint violate 4th amendment rights? Attorney Matt Wallin explains the laws behind these controversial police practices.

– 01:25 and 02:04 Are checkpoints constitutional?
– 03:03 Do police need probable cause?
– 04:21 Can you ask police for their ID?
– 05:07 What happens if you don’t have your license?
– 07:19 Police bully tactics

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Is a DUI or ID checkpoint Constitutional?

Matt Wallin is back again explaining the laws behind these popular videos. Checkpoints are weighed carefully by courts, attempting to balance drivers’ 4th amendment rights with law enforcement’s duty to protect the public.

Officers are trained to engage drivers in a casual manner. By greeting people informally they try to lower concerns about traffic stops.

Random vehicle stops violate the 4th amendment, so why are dui checkpoints constitutional? The US Supreme Court has ruled that in very specific and defined circumstances checkpoints can be used to target a limited number of crimes. When evaluating police practices, courts must balance citizen’s rights against the legitimate interests of police to uphold the law. Many believe that police are slowly chipping away at their rights and that courts are refusing to address the problem.

Unfortunately, this officer does not know the law. The officer does not need probable cause to execute a checkpoint stop.

During a traffic stop an officer is not legally required to show his identification. Matt Wallin explains the relevant laws in detail.

What happens if you forgot your license at home and the police ask for it? The officer is allowed to conduct a warrantless search of the vehicle to find it! Matt explains how far police are allowed to go to verify your identity.

Intimidation and bullying is a common tactic used by law enforcement. By infringing on your freedom of movement, police put pressure on drivers to comply with their orders.

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