I was stopped at a sobriety checkpoint and wasn’t cited for drinking. But I wasn’t wearing my seatbelt and got a ticket. Is that legal?
I was stopped at a sobriety checkpoint and wasn’t cited for drinking. But I wasn’t wearing my seatbelt and got a ticket. Is that legal?
Proof & Defenses in Criminal Cases
Getting a Lawyer for your Criminal Case
Steps in a Criminal Defense Case
Arraignment: Your First Court Appearance
Plea Bargains (Deals) in a Criminal Case
Legal Elements of Common Crimes
Expungement & Criminal Records
Should I just plead guilty and avoid a trial?
Is the public defender a real lawyer?
Can I change defense lawyers after I've hired one?
How long after arrest do I find out what the charges are?
Does it matter whether a suspect is given the Miranda warning?
As long as the roadblock was conducted properly, the officer may look into the car when questioning the driver. If the officer sees contraband, such as an open container or a baggie of drugs, he may sieze them under the "plain view" doctrine: The officer is standing in a place where he has a right to be, that is, conducting a legal roadblock; and he may sieze contraband or evidence of a crime without first obtaining a warrant.
Similarly, an officer who observes an infraction may issue a citation for that infraction.
by: Janet Portman, Attorney