These checkpoints are illegal in all of the US. Cops can’t stop a driver without a reason. I know that’s not much consolation to someone who is arrested during a stop for no reason.
She drove because her husband, Hilario Martínez García, 46, is undocumented and cannot obtain a license in Tennessee
During a traffic stop, cops can ask the driver for a driver’s license. There is no reason to ask the passengers for ID, and if the passengers are asked, they don’t have to give ID. They may have to give their name in some jurisdictions, but cops usually need a reason for asking for the name, and being a passenger at a road checkpoint isn’t a reason.
It seems clear to me that these cops are operating outside the law, and probably have been since before this immigration stuff.
A checkpoint is legal if it is for a valid, specified purpose such as checking compliance with motor vehicle laws, checking for possession of a valid license and registration, or checking the driver’s sobriety.
As long as they check ALL vehicles (not targeting) for licenses as an example… They can carry out additional actions as they find them. So in your little town they can setup a checkpoint, check that everyone has a valid drivers license… And if they find an “illegal” or believe that you may be transporting “illegals” that can evolve into a terry stop, especially in stop and identify states.
Now, I think there are a few states that are more strict on the matter… but certainly not illegal in “all” of the US.
These checkpoints are illegal in all of the US. Cops can’t stop a driver without a reason. I know that’s not much consolation to someone who is arrested during a stop for no reason.
During a traffic stop, cops can ask the driver for a driver’s license. There is no reason to ask the passengers for ID, and if the passengers are asked, they don’t have to give ID. They may have to give their name in some jurisdictions, but cops usually need a reason for asking for the name, and being a passenger at a road checkpoint isn’t a reason.
It seems clear to me that these cops are operating outside the law, and probably have been since before this immigration stuff.
No they’re not.
https://rdslaw.com/are-police-checkpoints-legal-what-about-my-miranda-rights/
As long as they check ALL vehicles (not targeting) for licenses as an example… They can carry out additional actions as they find them. So in your little town they can setup a checkpoint, check that everyone has a valid drivers license… And if they find an “illegal” or believe that you may be transporting “illegals” that can evolve into a terry stop, especially in stop and identify states.
Now, I think there are a few states that are more strict on the matter… but certainly not illegal in “all” of the US.
Additional sources:
https://legal-info.lawyers.com/criminal/traffic-violations/law-enforcement-checkpoints-and-roadblocks-are-they-legal.html