When is a Police Roadblock Illegal?
You have probably seen police roadblocks when you were out driving your car, and you may have even been stopped at one, but did you know that before the police are allowed to actually set up a roadblock they are first required to prepare written guidelines so that the officers conducting the roadblock do not violate motorists' rights by, for example, stopping motorists because of their race or ethnicity?
In the case of State of Florida v. Jones, the Florida Supreme Court stated that "[w]ritten guidelines should cover in detail the procedures which field officers are to follow at the roadblock. Ideally, these guidelines should set out with reasonable specificity procedures regarding the selection of vehicles, detention techniques, duty assignments, and the disposition of vehicles." According to the United States Supreme Court decision in Brown v. Texas, when the police stop someone and that stop "is not based on objective criteria, the risk of arbitrary and abusive police practices exceeds tolerable limits."
Seven years after the Jones case was decided, the case of Campbell v. State of Florida arose. In the Campbell case, the Jacksonville Florida Sheriff's Office set up a roadblock to check for traffic violations. The only written instructions for implementing the roadblock stated merely, "Stop motorists on Mandarin Rd. for a traffic safety check. Have a motorcycle [with] radar on each end of check to monitor speed." In addition to the written instructions, the officer in charge of the roadblock gave oral instructions to the officers who actually stopped the motorists. One of the oral instructions was to stop every car passing through the roadblock.
Things did not, however, go exactly according to plan. Several times during the five-hour roadblock, traffic backed up which created a safety concern. In response, the officers on scene used their discretion on different occasions to simply waive some cars through the roadblock while continuing to stop and check others.
One of the motorists who was stopped was a man named Phillip Campbell. When the police discovered that Campbell had a suspended driver's license, he was arrested and taken to the county jail where the police found cocaine and marijuana in one of his socks. Campbell's lawyer later filed a motion to suppress requesting that the judge suppress the narcotics found in his sock because the roadblock violated the Fourth and Fourteenth Amendments to the United States Constitution as well as the Jones decision.
Campbell's case eventually reached the Florida Supreme Court, and that Court ended up siding with Campbell finding that "the limited police directives used here do not limit police discretion and fall short of the discretion-limiting written set of uniform guidelines specifically required by us in [the Jones case]." The High Court continued on to say that "[i]n this country, the police are not vested with the general authority to set up 'routine' roadblocks at any time or place. Rather, law enforcement was placed on notice by our holding in Jones that the stopping and detaining of a citizen is a serious matter that requires particularized advance planning and direction and strict compliance thereafter."
If you were arrested in West Palm Beach, Palm Beach, St. Lucie County, Martin County, Palm Beach County, Broward County, or Miami-Dade County, and you think your rights were violated, call me, attorney Ron Chapman, at 561-832-4348 to discuss your case and see how I might be able to help you.
I BELIEVE THAT OUR RIGHTS CANNOT BE TAKEN AWAY REGARDLESS OF WHAT THE MEN IN POWER SAY OR DO. FREEDOM OF UNINHIBITED TRAVEL AND PRIVACY!!! IT IS UP TO ME AND YOU TO UNDERSTAND WHAT IS BEING DONE AGAINST US AND THEN TO JOIN TOGETHER AND FIGHT AS A NATION INSTEAD OF BEING CHICKENS AND ALLOWING THESE FEW LITTLE MEN OR WOMEN TO DICTATE TO US THINGS THAT THEY HAVE NO RIGHTS TO.
I RAN OUT OF FUEL AND WAS WALKING FOR AT LEAST 3 MILES AND HAD 4 OR SO MORE LEFT TO GO WITH A FIVE GALLON GAS CAN. A COP....MISSISSIPPI...STOPPED BY ME. HE DID NOT ASK ME IF I WANTED A LIFT OR ANYTHING OF THE SORT...HE MERELY SAID MY VEHICLE WAS GOING TO BE TOWED IN ABOUT AN HOUR OR TWO, AND WHEN ASKED IF HE WOULD GIVE ME A RIDE TO A GAS STATION HE SAID HE WAS NOT A TAXI...THEN DROVE OFF...AFTER GETTING MY LICENSE AND REGISTRATION OFF OF ME!!!! OH YES...PROOF OF INSURANCE TOO!!!!!!
THE OFFICES ARE PUBLIC SERVANT OFFICES HERE, AND THEY ARE OUR SERVANTS....AND WHEN YOU THE AMERICAN STOP ALLOWING THESE SERVANTS OR PUBLIC OFFICIALS THE ABILITY OF SCARE TACTICS AND HITLER LIKE PROCEEDINGS TO OCCUR, THEN YOU ARE BEING LOYAL TO THE MEN WHO DIED FOR YOURS AND MINE FREEDOMS.
I SAY TO JUST GIVE UP ON THE FANCY CAR AND HOUSE, KEEP YOUR MONEY AND INVEST IN GOLD AND TANGIBLE WEALTH, AND FIGHT BACK NOW OR YOU WILL LOSE THIS COUNTRY THROUGH IGNORANCE. TELL ME....WHAT GOOD IS IT TO SIT HERE AND WRITE THESE WORDS WHEN NONE OF YOU ARE GOING TO DO ANYTHING ANYWAY? YOU HAVE NO RIGHT TO COMPLAIN IF YOU DO NOTHING ABOUT THE PROBLEM.
THIS IS SERIOUS...AND WHEN WE HAVE LOST IT ALL TO FOREIGNERS AND THEN TO THE BIG MONEY.....THEN YOU WILL BE WISHING YOU DID SOMETHING. WHY NOT FIGHT BACK NOW....THE EX-PRESIDENT DID ATROCIOUS THINGS IN OFFICE...SIGNING OUR HABEAS CORPUS AWAY...BUT...HE CANNOT DO THAT LEGALLY...REGARDLESS OF WHAT YOU THINK! THE CONSTITUTION WAS DESIGNED WITH THIS IN MIND!
THESE MEN KNEW THAT MEN IN POWER LATER WOULD TRY TO TAKE AWAY THESE RIGHTS...SO IF YOU READ THE CONSTITUTION, YOU WILL SEE THAT ANY LAW THAT VIOLATES ANY OF THE BILL OF RIGHTS AND THE AMENDMENTS IS NULL AND VOID...LOL!!!!
ALL WE GOT TO DO IS FIGHT...CIVIL WAR...AND DO WHAT IS RIGHT...SHOW THEM THAT WE ARE NOT SLAVES, AND THEY ARE SERVANTS...COPS ARE SERVANTS...THEY HAVE NO RIGHT TO INVADE YOUR HOME OR MINE AND YOUR VEHICLE IS OURS NOT THEIRS. YET, IF YOU DO THIS AT A ROADBLOCK THEY WILL ARREST YOU. WHAT IF A THOUSAND PEOPLE DID THIS AT ONCE? MAYBE THE COPS WOULD REALIZE THEY ARE NOT THE BIG SHOTS AND WE PAY THEIR CHECKS!!
HOW MANY COPS HAVE BAD DRIVING RECORDS? I DON'T KNOW MANY! LOOK HOW THEY LIVE!! THEY HAVE EXTREMELY NICE HOUSES DO THEY NOT? ON THEIR WAGES????? YET THEY CAN SET UP ROADBLOCKS AND DIG INTO YOUR PERSONAL CLOTHES, AND THEN TALK ABOUT IT TO EACH OTHER LIKE I LISTEN TO AT THE COFFEE SHOP HERE IN TOWN!! YEAH!!! THEY LAUGH AND TALK ABOUT WHO THEY HURT OR HARASS!!! I GOT IT ON VIDEO!!! LOL!!! START RUNNING CHECKS ON THE COPS AND THEIR LIVES. PUT THEM ON THE CARPET...SCARE THEM BACK. THEN, MOVE ON TO BIGGER FISH!!!
LETS ALL DO THIS AND TAKE BACK OUR COUNTRY AND PUT THE BIG FISHES IN THE CAGES WHERE THEY BELONG!!!! AND THROW AWAY THE KEYS!! START NOW...OR JUST KEEP ON SAYING THE SAME THING YOU SAY EVERY DAY...CAUSE IT IS YOUR FAULT AND MINE IF IT GETS WORSE...CAUSE THEY KNOW YOU ARE SCARED!!
WHAT IS THERE TO BE SCARED OF? DOES NOT JESUS WATCH OVER THE FIGHTERS OF TRUTH? FEAR OF OF THE DEVIL, NOT OF GOD. REMEMBER THIS!!! I WILL HAVE MY REWARD IN HEAVEN, SO I WILL FIGHT THIS ATTROCITY...AND YOU CAN JOIN THE FIGHT IF YOU ARE NOT TOO SCARED TO....DID YOU REALLY STAND UP TO A COP AND TELL HIM OR HER THAT THEY ARE A SERVANT AND CANNOT MESS WITH YOU? IT IS TRUE!!! IF YOU DO NOT STAND UP AND FACE THIS....JUST BE LIKE THE JEWS IN THE CONCENTRATION CAMPS THAT ARE BEING BUILT RIGHT NOW FOR ALL OF US WHO FIGHT BACK!!! DON'T BELIEVE ME??? LOOK IT UP IN THE INTERNET!!! I DID!!
THERE ARE RIGHT NOW SOME FRESH BUILDINGS AND I HAVE PICTURES AND VIDEO OF COPS THAT TAKE PEOPLE THERE AND YOU NEVER SEE THEM AGAIN....JUST LOOK....DO IT...AND IF YOU CAN HANDLE THE TRUTH...THEN DO SOMETHING SO YOU CAN TELL YOUR CHILDREN AND MINE THAT YOU FOUGHT FOR THIS COUNTRY AND WON...MAYBE........
MISSISSIPPI......EVERY HALF MILE IS A COP, FOLLOWING AND HARASSING INNOCENT PEOPLE AND I ALSO HAVE COUNTLESS VIDEOS OF IT. ROADBLOCKS CHECKING FOR YOUR PAPERS LIKE HITLER DID. THEY ACTUALLY BELIEVE THEY ARE DOING THE RIGHT THING!!! THEY ARE BRAINWASHED. THIS HAPPENS TO THE BEST OF US. GO TO TERRY, MISSISSIPPI...ASK THE TOWN FOLK ABOUT THE POLICE AND THE DAILY CORRUPTION OF THE POLICE CHIEF....ASK OR JUST DRIVE YOUR CAR DOWN THE ROAD NOW AT AROUND 5 OR 6 PM....THREE SQUAD CARS RIP OUT AT HIGH SPEEDS AND PULL PEOPLE OVER FOR NOTHING!!!! THE PEOPLE ARE AFRAID AND NEED HELP. THE CHIEF IS CORRUPT AND NO BODY WILL HELP THEM......MANY DO NOT O ANYWHERE FOR FEAR OF BEING ARRESTED ON TRUMPED UP CHARGES BY THE OFFICERS LED BY THE CORRUPT POLICE CHIEF....JUST GO THERE AND ASK THE CASH REGISTER LADIES ABOUT THE ROADBLOCKS!!! THIS HAS TO STOP AND THE COPS ARRESTED NOW OR THIS IS GOING TO GET WORSE!!!!!!!!!!!!!!!!!
Roadblocks really aren't that effective in accomplishing their stated task: finding drivers under the influence of drugs or alcohol. Most of what they end up finding are expired drivers licenses or vehicle tags. Not worth it, in my opinion.
do these guideline apply in pa. and can you tell me the guideline. how many can the break before it is a Illegal
Attorney’s response:
The Florida cases that I cited to are not binding in Pennsylvania, but the U.S. Supreme Court case and the constitutional amendments that I cited to are binding throughout the entire United States.
I have been charged with 3 counts of aggravated assault on a cop because they said i blew through there "safety checkpoint" its was 1:30 a.m there were no cones,signs or flares in the road i simply saw cop cars with flashing lights on the side of the road I slowed down looked for any cops saw none and then continued down the road. they claimed "they" 3 of them were all standing in my lane waving flashlights back and forth motioning me to stop. They then claim that I passed them at a high rate of speed forcing them from the roadway, missing them by approx. 1 foot!! TOATL FICTION The bottom line here is that these roadblocks no matter how the police want to label them are complete and total HORSESHIT! It is just another way for cops to harrass and hope to gain access to our wallets. the reason they have been considered constitutional is that there is far to much revenue involved that would be lost if they were not allowed. This has cost me to date $250.00 impound fee $38.000 bond in which I had to pay 15% 5,800 "non refundable" and 10.000 for an attorney, so roughly $16,000 and I havent even been to court yet.Land of the free huh? by the way I was arrested 17 months ago. I am facing 15yrs minimum mandatory in prison because the cops couldnt do there job properly. p.s. Anyone who stands in the middle of the road at one of these roadblocks at 1:30a.m on a dark 2 lane country road with no signs to be prepared to stop ahead, cones or safety flares is ignorant in my opinion and really should not be suprised if someone drives on by. cop or not! Yes, i had been drinking some beers and no there were no cops in the road. charges..... DUI 3 counts aggravated assault on law enforcement 3 counts resisting arrest fleeing to elude no seatbelt move over law improper tag not changing licence information. well.... I guess it must have been a slow week for them. my attorney has filled several motions including a motion to supress. I go for this motion hearing on aug 26 wish me luck huh!!
Road Blocks have only one single purpose.
And that is to put fear into the hearts of the Motorist.
It is sending a message.
Look Buddy, you can run but you can not hide.
We will get you eventually and punish you.
Roadblocks are all about fear.
And Roadblocks are actually illegal
The charter of rights up here in Canada prohibits random police checks.
But if you have read the recent news, Our RCMP Police department is pretty darned corrupt right now.
These guys are getting away with Murder, Rape and theft and even selling dope while on duty.
Well nothing has changed in thousands of years.
The Romans would crucify just about anyone and leave them hanging there as a warning.
I AM A POLICE OFFICER. IT AMAZES ME THAT I AM HELD TO A HIGHER STANDARD THAN ANYONE, MY LIFE IS IN CONSTANT DANGER,AND "GOOD" CITIZENS WHO POST ON YOUR SIGHT LIE ON ME EVERYDAY. I LIVE UNDER OATH 24-7 AND AM HELD ACCOUNTABLE IN MY PERSONAL LIFE ALSO. I AM UNDER OBLIGATION TO FEDERAL AND STATE CONSTITUTIONS AND DEPARTMENT POLICIES AND ALWAYS THE THREAT OF A CIVIL RIGTHS LAWSUIT. I AM NOT A SERVANT. I AM A PAID PROFESSIONAL WHO IS ALSO A TAXPAYING VOTER SUBJECT TO TEN TIMES THE RESTRICTIONS ON MY LIFE AS AN ORDINARY CITIZEN. FOR ALL THIS I RECEIVE AN ANNUAL SALARY OF $29,000.00. SHUT UP WHINING AND OBEY THE LAW AS I HAVE TO. SOCIETY DEMANDS CERTAIN SACRIFICES TO INDIVIDUAL RIGHTS TO BE FUNCTIONAL. I SACRIFICE MORE THAN ANY OF YOU AND RECEIVE NO THANKS FROM YOU. GOD BLESS AMERICA FOREVER.
While coming home from town i came upon a road block at 9:30 at nite, no lights on or anything. Was following an 18wheeler in the far right lane on a 4 lane highway. the truck slowed down so i went around it, what a mistake. a cop jumps out with a flashlite and yelled stop. I thought i was getting carjacked so i took off, again bad mistake. Now they are trying to charge me with felony fleeing. Oh course they are only doing it to cover there butts for setting up an illegal road block. If U REALY WANT TO SEE DIRTY COPS AT THERE BEST ALONG WITH A JUGE THAT LETS THIS HAPPEN then please come to laurel ms. Courrpetion at its best