Does State v. Ashworth Place Factors Over Substance?
The court of appeals reversed a defendant’s DWI conviction yesterday in State v. Ashworth, __ N.C. App. __ (August 2, 2016), on the basis that the trial court plainly erred […]
August 3, 2016
The court of appeals reversed a defendant’s DWI conviction yesterday in State v. Ashworth, __ N.C. App. __ (August 2, 2016), on the basis that the trial court plainly erred […]
March 30, 2015
I’ve had several questions about the role of drug dogs at motor vehicle checkpoints. The details are below, but a quick summary of the law is as follows: (1) Officers […]
March 3, 2015
The facts. A detective with the Charlotte-Mecklenburg Police Department writes a plan for a checkpoint to be conducted later in the evening. The plan states that the checkpoint will be […]
June 19, 2014
Impaired driving checkpoints work because they scare people—not because they ensnare people. Sure, a few people are arrested for DWI at such checkpoints. But many more are deterred from driving […]
February 10, 2014
Regular and well-publicized checkpoints are an important component of the State’s effort to curtail impaired driving. Checkpoints provide specific as well as general deterrence. A handful of impaired drivers typically […]
June 1, 2011
I wrote a paper about motor vehicle checkpoints last year. It’s available here. Once in a while, I get asked about so-called ruse checkpoints, a subject that I didn’t address […]
September 7, 2010
I’ve just finished a paper about motor vehicle checkpoints. It’s available here as a free download. It’s meant as a resource for judges, lawyers, and law enforcement officers, and it […]