14Sep 2016

Checkpoints and Delaware v. Prouse

In many parts of the country, including here in Vermont, you may come across checkpoints set up on thoroughfares designed to screen for drivers who may be operating under the influence. There is something about this practice that a citizen in Florida recently took into consideration. Back in 1979, the Supreme Court heard the case Delaware v. Prouse, what was determined was that the police may not detain an individual simply to check their license and registration, there must be probably cause to do so. The individual refused to show his license and registration, requested a supervisor, and upon the arrival of the supervisor. was sent on his way without having to show any documentation. Knowing your rights is always of utmost importance, however, do not think that your rights give you a free pass to drive under the influence, quite the contrary! Remember, never operate a vehicle if you are under the influence of any substance.