![]() ![]() It is also common practice to hold a patrol car in reserve for the specific purpose of harassing motorists who overtly avoid a roadblock. In reality, the police operating roadblocks deliberately locate them so it is almost impossible to legally avoid them once you become aware of their presence. In theory you are allowed to make any legal maneuver, even a U-turn to avoid a roadblock. Can I turn around or turn off to avoid a roadblock?Ī. ![]() There should be no confusion regarding your intentions and the fact that you are not willingly remaining within control of the police officers. If no legitimate explanation is forthcoming you should persist in asking if you may leave. If they say “no” you are within your rights to ask for a legitimate explanation for your delay. Therefore, if the police seem inclined to delay your departure, after they have checked your papers, specifically ask if you may now leave. If the motorist does not specifically request to leave, the police can successfully claim the motorist voluntarily remained under their control. However, the courts have placed the burden of forcing the issue upon the motorist. For reasons that escape specific justification the courts seem to find 15 to 20 minutes the maximum amount of time a motorist can be detained by police before the police take formal action against the motorist or allow the motorist to leave. One of the consistent rationalizations for roadblocks is that they are minimally intrusive and minimally inconvenient to the motorist. How long can they keep me at a roadblock?Ī. This holds true even if the search reveals the possession of illegal items. If the police use their authority or force to search your vehicle, against your will, and they do not have a warrant or reasonable suspicion to conduct a search they can be (and should be) held criminally and civilly liable for conducting an illegal search. They must be able to explain what they think they will find and why they think said items are in your vehicle. The police have “probable cause” or “reasonable suspicion” based on a reasonable explanation of why they believe you have illegal items in your vehicle.The Police have a warrant to search your vehicle.You voluntarily give the police permission to search your vehicle.Your car can only be searched under the following circumstances: Would you like to see my drivers license?” End of discussion.Ī. I realize I can be required to show you my driver’s license. In response to a potentially invasive question you can say something like “Officer, I know you have your job to do, but I do not approve of roadblocks and I do not wish to have a conversation. Beyond that, decline to answer any other questions you are asked. You can be polite and courteous to the extent of providing the documents you are required to produce. However, you cannot be compelled to explain your travel plans, divulge the contents of your vehicle, or in any other way converse with law enforcement officers operating a roadblock. You may be required (forced by threat of arrest) to show your drivers license, vehicle registration, and proof of insurance, if the state requires these items to be present in your vehicle. You do not have to answer any questions, particularly questions that would be self-incriminating. Do I have to answer the questions posed to me at a roadblock?Ī. While the US Supreme Court found DWI roadblocks constitutional under the US Constitution, the case went back to Michigan and the State Supreme court found DWI roadblocks to be in violation of the state’s constitution, and that decision takes precedent, in Michigan, over the decision of the US Supreme Court. ![]()
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