A DUI checkpoint stop is a brief investigative detention that cannot be extended into an unlawful seizure; a driver's refusal to answer questions does not justify prolonging the detention beyond the initial stop's purpose, making the 20-minute detention in this scenario illegal.
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Is This DUI Detention Actually Legal?Ajouté :
Are you smarter than a lawyer? See if you can answer this Tennessee bar question. A Tennessee driver is stopped at a DUI checkpoint. The officer asks, "Have you had anything to drink tonight?" The driver refuses to answer.
The officer detains him for 20 minutes peppering him with questions before he lets him go. The driver sues for an unlawful detention. What's the most likely outcome? A, the detention was legal because the officer was investigating a crime. B, the detention was illegal because silence doesn't justify extending a stop. C, the detention was legal because a DUI checkpoint allows for longer stops. Or D, the detention was legal if the officer suspected impairment. Now, this is not a very tricky question if you're a Dr. Judge follower. So, comment below.
Always answer like a lawyer.
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