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DUI checkpoint in Illinois, Kane County attorneyThe Fourth Amendment to the U.S. Constitution requires police officers to have probable cause before making a traffic stop. In other words, the police can only stop a driver if they have reasonable grounds for pressing charges. For example, if a driver runs a traffic light, drives faster than the posted speed limit or commits any traffic violation leading to an accident, then he can be pulled over by police.

So if the Constitution requires police to have probable cause before making a traffic stop, does that mean random sobriety checkpoints–where any driver can be stopped, whether or not probable cause exists–are unconstitutional? No. The U.S. Supreme Court has ruled that random checkpoints are an exception to the Fourth Amendment guarantee against unreasonable searches and seizures.

Constitutionality of Random Checkpoints

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160 S. Municipal Dr. Suite 100, Sugar Grove, IL 60554

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