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Roadblocks Target Bikers

Illinois recently expanded its roadside safety check program, as have many other states in the summer months.  In the mid-1980's, law enforcement agencies began using roadblocks and roadside safety checks in an attempt to reduce the number of individuals driving under the influence.  More recently, roadside safety checks have been used to target motorcyclists.  The purpose is purportedly to check license, registration, tail lights, tire pressure and the like, to promote safety in the operation of a motorcycle.  However, we have had many clients and friends contact our firm concerned about the ability of law enforcement performing the stop to then find probable cause to investigate other potential violations, including intoxication and the presence of concealed weapons.

The Fourth Amendment guards against unreasonable searches and seizures.  Courts have generally ruled that a law enforcement agency must have probable cause to perform a traffic stop, as a traffic stop is generally considered a search and seizure as protected by the Constitution.  However, the Supreme Court has historically suggested that a roadblock or roadside safety check for the purpose of checking license and registration can be permissible if it involves minimal intrusion and seizure.  The Court uses a balancing test wherein it weighs the state's interest in performing the stop against the extent and nature of the search and seizure.  This means that if the stop is short, and limited to a brief check of license and registration, it has been generally held constitutional.

The issue most motorcyclists are concerned about is not the initial stop.  The question I hear most is this; while the police have a motorcyclist stopped for a roadside safety check, if they detect alcohol, drugs, or some other violation, can they perform a more extensive search?  The short answer is sometimes.  The Supreme Court in City of Indianapolis v. Edmond addressed this very issue.  In this important opinion, the Court looked at the primary intent of the roadside safety check.  They held that if the primary intent of the roadside safety check is to verify license and registration, then further inquiry to check for violations is permissible after probable cause is established.  However, if the roadside safety check has the primary purpose of detecting ordinary criminal wrongdoing, the checkpoint is impermissible.

In short, law enforcement agencies generally have the power, as affirmed by the Supreme Court, to perform reasonable roadside safety checks.  If however, those stops are unreasonably intrusive or lengthy, or have the primary purpose of detecting ordinary criminal wrongdoing, the Court will scrutinize the checkpoint closer.  If you keep motorcycle license, registration, and insurance up to date, you should only be subjected to a short stop, and be sent on your way.

For information on how to handle police encounters, contact Hupy & Abraham for the free video "Busted", which deals with traffic stops and how to deal with police knocking on your door at home.      

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Chad A. Kreblin

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Michael F. Hupy

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