Regular and well-publicized checkpoints are an important component of the State’s effort to curtail impaired driving. Checkpoints provide specific as well as general deterrence. A handful of impaired drivers typically are arrested at any given checking station and subsequently prosecuted for impaired driving. Many more drivers than are stopped hear about the checkpoint. That publicity increases the perception of drivers generally that if they drive while impaired, they are likely to be caught and punished. A recent opinion from the court of appeals makes clear that if the State wants to rely on checkpoints to accomplish either objective, law enforcement agencies must comply with the statutory requirements set forth in G.S. 20-16.3A. That provision requires, among other things, that an agency conducting a checking station to determine compliance with the state’s motor vehicle laws operate under a written policy. The policy must provide guidelines for the pattern for stopping vehicles and for requesting drivers to produce driver’s license, registration and insurance information. The appellate court in State v. White held that the trial court did not err in suppressing evidence gathered at a checkpoint carried out by officers of a sheriff’s department that had no written policy. The absence of a written policy was a substantial violation of G.S. 20-16.3A, which warranted suppression of the evidence. Facts. Three officers with the Anson County Sheriff’s Department conducted a “license check” checkpoint on September 11, 2009, pursuant to a checkpoint plan written by one of the officers. The department had no written policy [...]
Faculty Coordinators
