MBE Rules · Criminal Procedure
Checkpoints
Sitz / Edmond / Lidster
The rule
Suspicionless checkpoints are valid for roadway-safety purposes (sobriety, license) and information-seeking about others' crimes, but not for general crime control like drug interdiction.
In plain English
Checkpoints can be set up by law enforcement to ensure roadway safety, such as sobriety checks or verifying licenses. However, they cannot be used solely for the purpose of general crime control, like searching for drugs or other criminal activity without specific suspicion.
Worked example
A police department sets up a checkpoint on a highway to check for drunk drivers and ensure that all vehicles have valid licenses. During the checkpoint, an officer notices a driver acting suspiciously and finds illegal drugs in the car. The checkpoint is valid because it was aimed at roadway safety, leading to a lawful search and arrest.
Memory hook
Checkpoints are for safety, not fishing expeditions.
The trap
Exams may present scenarios where checkpoints are used for vague crime control purposes, misleading students into thinking they are valid. Students often confuse the purpose of checkpoints and may incorrectly justify their legality.
How examiners test it
Questions typically involve a fact pattern where a checkpoint is established, and students must determine its legality based on the stated purpose and the actions taken by law enforcement.
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