Alabama Court of Appeals Scales Back Roadblocks

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The Alabama Court of Criminal Appeals held on Friday June 29th, 2012, in a split 3-2 decision, that roadblocks are illegal if the police agency conducting them fail to operate the checkpoint under strict guidelines. The Court strongly suggested that these guidelines and policies should be written down. In Ogburn vs Alabama the Court was considering the constitutionality of the July 4th holiday weekend roadblock set up by Alabama state troopers in Elmore County. It was at this checkpoint where the defendant, Charles Edward Ogburn Jr., was arrested and charged with driving under the influence of alcohol (DUI).

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Steve Sumner, Attorney at Law | Attorney Advertising

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