Florida Criminal Defense and DUI Defense Blog

21Apr, 11

The police must have a very good legal reason to stop your vehicle as a general rule.

This reason can be based upon an observation of a traffic infraction, defective equipment, such as an expired tag or inspection sticker, or some observable evidence that a crime is being committed or is about to be committed.

Florida roadblocks are allowed that include the following rules:

  1. The decision to implement the roadblock must be made by supervisory personnel rather than by law enforcement officers in the field;
  2. The roadblock operation must be carried out pursuant to specific, prearranged procedures requiring all passing vehicles to be stopped; and
  3. The delay experienced by passing motorists must be minimal.

Roadblocks are controlled by the 4th Amendment of the United States Constitution that limits “searches and seizures and Florida law.

Roadblocks have been approved for use in Florida for stopping “impaired” drivers, so long as the roadblock is LEGALLY established and operated under strict, established guidelines that assure no discrimination or profiling has occurred.

The United States Supreme Court upheld this use of police power in the case of Michigan v. Sitz.

Thus, if the police did not follow precisely the legally-required guidelines set forth in Florida, your attorney can use this as a defense to the charges against you.

In order to win a case based upon a claim that the police roadblock was illegal, you will likely need the assistance of one of the top DUI-DWI specialists in your area when you make your legal challenge.

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Attorney Mike Kessler
Written by: Attorney Mike Kessler

Attorney Kessler has been practicing criminal law in Florida for 30 years. He is recognized as is a leading authority on drunk-driving defense as well as a founding member of the Saint Lucie County Association of Criminal Defense Lawyers and co-author of The DUI Book: Florida Edition, the definitive resource on DUI in Florida.

To speak with Mike, call 772-466-4900 or click here for a free consultation.

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