Yes, if the pre-approved operational plan permits it, and the plan is followed. If the plan calls for stopping every car, the officers can stop every car.  Sobriety checkpoints do not violate the Fourth Amendment so long as they are conducted in accordance with a plan that does not give the officers operating it

May police operating sobriety checkpoint stop every car?

 

A: Yes, if the pre-approved operational plan permits it, and the plan is followed. If the plan calls for stopping every car, the officers can stop every car.

Sobriety checkpoints do not violate the Fourth Amendment so long as they are conducted in accordance with a plan that does not give the officers operating it "unfettered discretion" in deciding which vehicles to stop.

If you have been charged with DUI as a result of a sobriety checkpoint and wish to confer with a Virginia DUI lawyer about your case, contact me at 804-726-4778 to schedule a free consultation.




Mr. Stelly regularly appears in the courts of the City of Richmond, Henrico County, Chesterfield County, Goochland County, and Hanover County.



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Law Chambers of Anton J. Stelly
P.O. Box 11276
6002A West Broad Street
Suite 205
Richmond, Virginia 23230-1276
Phone: (804) 726-4778
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