Use of K-9 Units at Traffic Checkpoints

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Lujan v. State, No. PD-0303-10, 2011 WL 93025 (Tex. Crim. App. Jan. 12, 2011).

On petition for discretionary review, the Texas Court of Criminal Appeals approved the use of K-9 units at a stationary traffic checkpoint implemented with the stated purpose of merely identifying unlicensed and uninsured drivers.

Lujan was traveling through El Paso with a passenger, when he came upon a stationary traffic checkpoint set up by local police. Lujan did not have a driver’s license. He was asked to pull over and was questioned about his activities that night. The officers discovered that Lujan’s passenger had outstanding warrants, and the passenger was removed from the vehicle.

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Published In: Constitutional Law Updates, Criminal Law Updates

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.

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