Nashville DUI Lawyers Explain the Constitutionality of DUI Checkpoints

Even to non-lawyers, DUI checkpoints appear to be a blatant violation of our 4th Amendment rights. It is a stop without probable cause, so why is it permitted? How is it not a violation of our constitutional rights? The reality is that it IS a violation of the 4th Amendment, but some violations are permitted under the appropriate circumstances. Here’s why… The facts surrounding the case that answered this question began in the mid 1980’s in Michigan. The State police set up a check-point. Citizens filed suit (Michigan v. Sitz) seeking an order precluding the state police from using DUI … [Read more...]

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