Legal Question in Criminal Law in Illinois

Ruse drug checkpoint

While driving on interstate 55 north through Illinois my passenger and I noticed a sign saying ''DRUG INTERDICTION STOP AHEAD''. We immediately exited the interstate to avoid this so called checkpoint. When we were exiting we noticed a group of maybe 5 adults sitting on the side of the exit ramp holding signs saying they were stranded. We approached a stop sign and came to a complete stop. At the stop sign we noticed a police mobile command center at the top of the ramp also. We made a left and noticed a second group of individuals 5 or 6 adults sitting on the highway overpass. This group of individuals had walkie talkies. I realized all of the individuals were law enforcement officers. As we continued on our failed attempt to elude this checkpoint we were pull over by a squad that seemed as if it appeared out of nowhere. We were asked ''where you coming from''. After being questioned about of travel plans for the day we were issued a traffic warning for failing to stop at a stop sign (we did stop). The officer then directed us to exit the vehicle and the dog was called. The dog alerted to the vehicle and we were arrested for some contra-band. They said there wasn't a checkpoint but it had every characteristic.


Asked on 10/23/07, 8:54 pm

2 Answers from Attorneys
Kelly Bennett Bennett Law Offices

Re: Ruse drug checkpoint

Retain an attorney.

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Answered on 10/24/07, 3:52 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Ruse drug checkpoint

This is one of the oldest tricks in the books, and it always amazes me that people fall for it. I have handled the defense of numerous other individuals busted in this way. The supreme court of several differnet states have upheld the constitutionality of this procedure. The fact that a car pulls off the highway in order to avoid a posted checkpoint gives the police probable cause to search. Still, there may be other viable defenses or at least the possibility of negotiating a plea bargain which will avoid the conviction. You definitely should hire an attorney. If you do not already have an attorney, you may call me for a consultation.

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Answered on 10/24/07, 12:00 am


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