Statutory Requirements for DWI Checkpoints
Not only must checkpoints meet the constitutional requirements laid out above, but checkpoints that are designed to determine compliance with North Carolina’s traffic laws must also meet certain statutory requirements laid out in the North Carolina General Statutes (N.C.G.S.). These statutory requirements mainly concern the following three primary issues.
- Patterns used to stop vehicles and request information from drivers. A law enforcement agency conducting a checkpoint must designate in advance both the pattern for (1) stopping vehicles and (2) requesting drivers that are stopped to produce drivers license, registration, or insurance information. It also should be noted that individual officers do not have discretion to deviate from the designated patterns and the patterns designated by the law enforcement agency shall not be based on a particular vehicle type, except that the pattern may designate any type of commercial motor vehicle.
- Written policies regarding the patterns. While the pattern itself does not need to be in writing, a law enforcement agency conducting a DWI checkpoint must operate under a written policy that provides guidelines for the designated patterns mentioned above. This policy may be either the agency’s own policy, or if the agency does not have a written policy, it may be the policy of another law enforcement agency, but such must be stated in writing. Additionally,the policy may include contingency provisions for altering either pattern if actual traffic conditions are different from those anticipated. However, the policy shall not give any individual officer discretion as to which vehicle is stopped or, of the vehicles stopped, which driver is requested to produce drivers license, registration, or insurance information.
- Notification to the public of the operation of the checkpoint. A law enforcement agency conducting a DWI checkpoint must advise the public that a checkpoint is being operated by having, at a minimum, one law enforcement vehicle with its blue light in operation during the conducting of the checkpoint, while simultaneously ensuring that placement of checkpoints are random or statistically indicated, and agencies shall avoid placing checkpoints repeatedly in the same location or proximity.
In certain circumstances, evidence obtained at a DWI checkpoint that is deemed to be constitutional may still be suppressed if conducted in violation of N.C.G.S. 20-16.3A.
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