§ 20-16.3A. Checking stations and roadblocks. - North Carolina Statutes

§ 20‑16.3A.  Checkingstations and roadblocks.

(a)        A law‑enforcementagency may conduct checking stations to determine compliance with theprovisions of this Chapter. If the agency is conducting a checking station forthe purposes of determining compliance with this Chapter, it must:

(1)        Repealed by SessionLaws 2006‑253, s. 4, effective December 1, 2006, and applicable tooffenses committed on or after that date.

(2)        Designate in advancethe pattern both for stopping vehicles and for requesting drivers that arestopped to produce drivers license, registration, or insurance information.

(2a)      Operate under awritten policy that provides guidelines for the pattern, which need not be inwriting. The policy may be either the agency's own policy, or if the agencydoes not have a written policy, it may be the policy of another law enforcementagency, and may include contingency provisions for altering either pattern ifactual traffic conditions are different from those anticipated, but noindividual officer may be given discretion as to which vehicle is stopped or,of the vehicles stopped, which driver is requested to produce drivers license,registration, or insurance information. If officers of a law enforcement agencyare operating under another agency's policy, it must be stated in writing.

(3)        Advise the publicthat an authorized checking station is being operated by having, at a minimum,one law enforcement vehicle with its blue light in operation during theconducting of the checking station.

(b)        An officer whodetermines there is a reasonable suspicion that an occupant has violated aprovision of this Chapter, or any other provision of law, may detain the driverto further investigate in accordance with law. The operator of any vehiclestopped at a checking station established under this subsection may berequested to submit to an alcohol screening test under G.S. 20‑16.3 ifduring the course of the stop the officer determines the driver had previouslyconsumed alcohol or has an open container of alcoholic beverage in the vehicle.The officer so requesting shall consider the results of any alcohol screeningtest or the driver's refusal in determining if there is reasonable suspicion toinvestigate further.

(c)        Law enforcementagencies may conduct any type of checking station or roadblock as long as it isestablished and operated in accordance with the provisions of the United StatesConstitution and the Constitution of North Carolina.

(d)        The placement ofcheckpoints should be random or statistically indicated, and agencies shallavoid placing checkpoints repeatedly in the same location or proximity. Thissubsection shall not be grounds for a motion to suppress or a defense to anyoffense arising out of the operation of a checking station. (1983, c. 435, s. 22; 2006‑253,s. 4.)