Police checkpoint stop of defendant's vehicle was invalid

March 22, 2014 (Press-News.org) In State v. White, the Court of Appeals of North Carolina upheld the trial court's decision to suppress all evidence obtained as a result of the stop of the defendant's vehicle at a police checkpoint conducted in violation of a state statute.

Background

In September 2009, the defendant was arrested for driving while impaired and driving while his license was revoked. The defendant filed a motion to suppress evidence obtained in the checkpoint stop of his vehicle, asserting that the stop violated federal and state constitutional provisions and a North Carolina statute governing checking stations and roadblocks.

On the night of the arrest, the sheriff's department set up a license checking station in response to complaints by local store owners of speeding, driving while license revoked or suspended, driving while impaired, and careless and reckless driving. The sheriff's department had an oral policy concerning checking stations, but nothing in writing.

Prior to initiating the checkpoint a traffic supervisor for the sheriff's department wrote a traffic operational plan that provided:
-The start time of the checkpoint would be 7:55 p.m.
- The names of two other officers who would assist the traffic supervisor in the license checkpoint.
- All cars coming through the target area would be checked.
- Officers would wear traffic safety vests when exiting their vehicles.
- The "Chase Policy" would be in full effect.
- No end time was indicated, but it was assumed that the checkpoint would end around midnight.

All three police vehicles had their blue lights activated. All vehicles coming through the checking station were stopped. At 8:01 p.m., an individual was arrested and charged with driving while impaired. The traffic supervisor and one of the officers left the checking station to transport the arrested individual to the Sheriff's Office. The third officer remained behind at the checking station but did not check any vehicles until the traffic supervisor and the other officer returned at 9:57 p.m. No vehicles were checked at the checkpoint during the period from approximately 8:24 p.m. until 9:57 p.m. The checkpoint resumed at 9:57 p.m. The defendant was stopped and arrested at 10:56 p.m. The checkpoint ended around 11:20 p.m.

The trial court held that checkpoint had been abandoned for about an hour and a half, and that the evidence was unclear whether the traffic operational plan was reinstituted, or a new plan was instituted, when the officers returned to the checkpoint at 9:57 p.m. As a result, the stop of the defendant's vehicle was ruled to be a spontaneous stop; in addition, since no policy in writing regarding motor vehicle law checking stations was in effect, the trial court held that there was a substantial violation of the statute and ordered suppression of all evidence obtained as a result of the stop of the defendant's vehicle. The state appealed the ruling.

The decision by the Court of Appeals

The Court of Appeals held that there was ample testimony to support the trial court's conclusion that the checkpoint was abandoned for an hour and a half, and that vehicles were permitted to come and go without being checked.

The Court of Appeals also held that the lack of a policy in writing providing guidance for motor vehicle law checking stations violated a mandatory requirement under the statute and was a proper basis for granting a motion to suppress.

Individuals charged with drunk driving and other traffic offenses should look to the help of an attorney experienced in this field for the protection of their rights.

Article provided by Rawls, Scheer, Foster, Mingo & Culp, P.L.L.C.
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