On December 17, 2015, the Kentucky Supreme Court ruled that the Kentucky State Police conducted an illegal DUI checkpoint that violated a motorist’s state and federal constitutional rights against unreasonable searches and seizures in Commonwealth v. Cox, 2013-SC-000618-DG.
The court reiterated that, “We must err on the side of caution when dealing with the most fundamental of those rights granted to our citizens to be free from unreasonable searches and seizures…In circumstances where the practices and procedures employed by law enforcement are constitutionally ambiguous, it is our duty to protect individuals against the risk of potentially unreasonable seizure without any suspicion of wrongdoing. Though we do not require rigid compliance with the Buchanon guidelines, we cannot continue to soften the edges of what is constitutionally reasonable”.
Police in Kentucky can’t set-up a roadblock without jumping through a lot of hoops. The site for a roadblock has to be approved, a police supervisor has to be present, and the location, time and how long police will be stopping cars has to be advertised.
In addition to the outstanding counsel that you will receive from Cornett Law Office, when you choose to work with our firm, you will also be provided with a free, in-person consultation with an attorney. This will assist us in determining the best course of legal action to take in your criminal defense case. For more information about how Cornett Law Office can help you, schedule your consultation today!