Christopher D. Roach
DUI/OVI Checkpoints in Kentucky
The Fourth Amendment requires that in order to be reasonable, all searches and seizures must be accompanied by an individualized suspicion of wrongdoing. The United States Supreme Court has held random spot checks of motorists to determine if they held valid licenses and reregistration were invalid under the Fourth Amendment. On the other hand, the Supreme Court held Michigan’s checkpoint program to catch drunk drivers as valid. In interpreting this precedent, the Kentucky Court of Appeals has held that the checkpoints must constrain the discretion of the officers at the scene.
That means that under Kentucky law, officers must follow the guidelines of their departments for a traffic safety checkpoint/DUI checkpoint to be valid under the Fourth Amendment. One police agency that operates state wide is the Kentucky State Police, with posts throughout the state. Post 6 includes Boone, Kenton, Campbell, Grant, Bourbon, Harrison, Nicholas, Pendleton, Bracken, and Robertson Counties. KSP Post 6 conducts traffic safety checkpoints throughout these counties.
The Kentucky State Police have policies in place for a traffic safety checkpoint to occur. A traffic safety checkpoint is a “preplanned, systematic stopping of vehicles to check motorists for compliance with motor vehicle laws including driving under the influence.” Under Kentucky law, officers must follow the guidelines. Kentucky State Police Policy requires that all traffic safety checkpoint locations and times be pre-determined by supervisors. This includes the date, location, and duration of the checkpoint. A checkpoint that extends beyond the predetermined times will result in the evidence collected from the stop to be suppressed in most circumstances and any evidence obtained to be thrown out.
Another requirement is that the checkpoints must be publihsed publicly, so that the public is aware of the locations of traffic safety checkpoints. The Kentucky State Police publishes the locations of the traffic safety checkpoints in local newspapers and on their website. Note that while KSP publishes the locations of the checkpoints, they do not publish the times or duration of the checkpoints. We are experienced with obtaining records related to traffic safety checkpoints, which can mean the difference between a DUI on your record or having your case dismissed for lack of evidence. Call us today for a free consultation on your DUI. 859.291.555 or email us at firstname.lastname@example.org or email@example.com.
Check with your local news for locations and check out Post 6's website, here for links to the locations of the traffic safety checkpoints in your counties: http://kentuckystatepolice.org/post-locations/post-6/