Can the police ticket me for something other than the purpose of the roadblock?

Related Ads

Need Professional Help? Talk to a Lawyer

Enter Your Zip Code to Connect with a Lawyer Serving Your Area

searchbox small

Question:

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?

Answer:

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: , Attorney

Talk to a Defense Lawyer

Charged with a crime? Talk to a lawyer.
HOW IT WORKS
how it works 1
Briefly tell us about your case
how it works 2
Provide your contact information
how it works 1
Choose attorneys to contact you
LA-NOLO5:DRU.1.6.2.20140917.28520