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Illegal DUI Checkpoints

All evidence seized after an invalid traffic stop becomes inadmissible. DUI Checkpoints must be conducted in compliance with the rules to protect against Unconstitutional traffic stops, collection of evidence, and arrest of citizen / drivers. One court has ruled that in Driving under influence cases, checkpoint procedures must be followed. In this case, the Court threw out charges the charges for failure to strictly adhere to the DUI Checkpoint Policy Manual. Operational Guidelines must be followed. In this case, the judge found support for the argument that testimony of officer was insufficient to establish that he operated checkpoint within guidelines and without exercising discretion. Where the DUI Prosecutor could not prove that officers attended pre-deployment meeting to be advised of guidelines, the trial court Order granting motion to suppress was affirmed. Without evidence of a valid traffic stop, all evidence seized thereafter is in admissible and the case cannot proceed. Read more in #DUI the People's Guide to Fighting like an Expert in the section titled "Checkpoint Invalidated".

Source: 17 FLWSupp 434a

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