Roadblock stops

Many drivers are stopped and charged with various offenses, at roadblocks, throughout the commonwealth. The United States Supreme Court has ruled that stopping an automobile and detaining the occupants at a roadblock, constitutes a seizure under the fourth amendment of the U.S. Constitution. The Court has stated that the legitimacy of a roadblock is determined by weighing the state’s interests in establishing the roadblock, against the potential intrusions on personal privacy. In order for a roadblock to be constitutional, it must be carried out pursuant to a plan or practice which is explicit, contains neutral criteria, and limits the conduct of the officers undertaking the roadblock. This must be done in order to insure that one’s reasonable expectation of privacy is not subject to arbitrary invasions solely at the unfettered discretion of officers in the field. This means that if you are stopped and ticketed or arrested, via a roadblock, then the commonwealth will have to show a written and filed plan in court. This plan must establish reasoning for said roadblock and a means by which it can be carried out using neutral criteria. As you can see, the law surrounding roadblock stops can be confusing. If you have been caught in a roadblock contact me and I will be happy to review your case and if retained I will fight to make sure all the constitutional safeguards have been followed.